Ex-Memphis cops charged in Tyre Nichols' death 'swarmed' Black Army vet and beat him 3 days earlier: lawsuit

The same, now-fired Memphis police officers, who were seen on bodycam videos beating Tyre Nichols, leading to his death, allegedly beat a Black Army veteran three days earlier, according to a recently filed $5 million lawsuit. 

Monterrious Harris was with his cousin on Jan. 4 when he was "suddenly swarmed by a large group of assailants wearing black ski-masks, dressed in black clothing, brandishing guns, other weapons, hurling expletives and making threats to end his life if he did not exit his car," according to the lawsuit. 

The 38-page legal action, which was filed in Tennessee federal court on Feb. 7, names Emmitt Martin III, Desmond Mills, Justin Smith, Demetrius Haley and Tadarrius Bean, all of whom have been fired from the department and charged with second-degree murder in connection with Nichols' death. 

The lawsuit also named the Memphis Police Department and four unknown officers, who are listed as John Does 1-4. 

On Thursday, the Shelby County District Attorney's Office announced it is reviewing all cases — prior and pending — of ex-officers Martin, Mills, Smith, Haley and Bean.

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Memphis police couldn't immediately be reached Thursday evening. 

The lawsuit alleges more than a decade of police brutality, particularly against Black men, and mentioned two specific cases in 2011 and 2015. 

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In 2018, the federal court in Western District of Tennessee found the Memphis Police Department violated a 1978 consent decree that prohibited "unconstitutional spying on and surveilling citizens," according to the lawsuit. 

"In recent years alone, an examination of Defendant City of Memphis’ and the Memphis Police Department’s law enforcement practices paints a painful and sordid picture of its police force assaulting, abusing and trampling the constitutional rights of the very citizens it exists to protect and serve," the lawsuit says.

"All of these stories share a familiar and unfortunate theme, the Memphis Police Department continually and brazenly disregarding the constitutional rights of the citizens of Memphis, Tennessee through a slew of unlawful, heinous and nefarious customs and practices. This case is now among these stories."

Harris, an Army veteran who was medically discharged, thought the officers' alleged "unrelenting," one- to two-minute attack on him was a carjacking, according to the lawsuit.

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"Consistent with the beating visited upon Mr. Nichols, the Scorpion Unit then exacted a swift, violent and continuous physical assault on Mr. Harris that included punching, stomping and dragging him across concrete," the lawsuit says. 

"Fortunately, residents of the apartment complex heard the loud shouting and noise and came outside to investigate. In all likelihood, the presence of these Good Samaritan witnesses prevented further harm to Mr. Harris."

Harris was bleeding from the head, his left eye was swollen shut, and he had "great difficulty" walking because his right leg was swollen and "severely" bruised and his left leg was gashed, according to the lawsuit. 

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He was arrested and faces several "false" charges, according to the lawsuit, that include a convicted felon in possession of a handgun, criminal trespass, evading arrest, intentionally evading arrest in an automobile, possession of firearm during a dangerous felony, possession of a controlled substance (and intent to manufacture, distribute/sell), tampering with fabricated evidence and possession of drug paraphernalia. 

After being treated in a hospital, Harris was taken back to jail, where he stayed for nine days until his family posted bond. 

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The Scorpion Unit was disbanded after Nichols died during a traffic stop on Jan. 7. 

"The current ignoble chapter of the Memphis Police Department ending with the violent and unconstitutional beatings of Mr. Harris, other Memphians and the death of Mr. Nichols, began decades ago," the lawsuit says. 

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"The Memphis Police Department unconstitutional policies, practice, and customs leading to the formation of the Scorpion Unit, which operated as a gang of vigilantes, was consistent with abuses that citizens have suffered for many years."

Nichols was stopped by police for alleged "reckless driving." Officers said a "confrontation occurred" during the traffic stop, and Nichols attempted to flee the scene. 

Officers caught up with Nichols and began to kick him, punch him or hit him with a baton. During the beating, Nichols was complaining about having shortness of breath. He was transported to the hospital in critical condition and died Jan. 10.

Mills was also accused of later giving Nichols' mother an inaccurate description of the incident.

Martin claimed Nichols attempted to grab a gun from the officer's holster after another officer forced him out of the vehicle, and that Martin helped by grabbing Nichols' wrist. 

But video evidence does not corroborate Martin's allegation about an attempt to grab a gun, the documents said.

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Audio from a body camera did not find any evidence Nichols used profanity or made violent threats. 

He instead appeared calm and polite in his statements to the officers. Martin, however, used profanity toward Nichols and threatened to knock him out as he demanded Nichols put his arm behind his back.