Judge tosses wrongful death lawsuit against GPD officers

Published 6:00 am Saturday, February 8, 2025

A judge has dismissed a federal lawsuit brought against three Glasgow Police Department officers who were accused of using excessive force against a man who died in custody.

The ruling from U.S. District Court Chief Judge Greg Stivers, entered Jan. 31, granted summary judgment to GPD officers Guy Turcotte, Hayden Phillips and Cameron Murrell, finding they did not use excessive force when they detained Jeremy Marr on April 14, 2020, after responding to a call from a woman that someone had broken into her home.

Marr, 35, became unresponsive after police brought him to the ground and used stun guns and knee strikes in an effort to arrest him, and he was pronounced dead after being taken to an area hospital.

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A state medical examiner conducted an autopsy and listed Marr’s cause of death as “agitated/excited delirium complicating acute methamphetamine intoxication during the process of law enforcement arrest,” according to public records.

A lawsuit was filed in 2021 in U.S. District Court against the officers accusing them of excessive force, wrongful death, battery and negligence.

The city of Glasgow was also named as a defendant and accused of negligence in the hiring, retention, supervision and training of the officers.

Attorney David Broderick, who filed the lawsuit on behalf of Marr’s estate, argued that Marr posed no threat to the officers who encountered him, and that the officers responded unreasonably given the circumstances of the call.

Attorneys representing the officers argued that the police acted reasonably in response to a person actively resisting arrest and thus had qualified immunity from legal liability.

“We appreciate the court’s ruling in favor of the city of Glasgow and its police officers,” attorney Matt Cook, who represented the defendants, said in an email to the Daily News. “The responding officers handled the call professionally and appropriately and Judge Stivers’ summary judgment ruling confirms that fact.”

A 10-minute clip of video footage from Turcotte’s body-worn camera showed the clearest depiction of the events.

That footage, along with depositions from the officers and other witnesses, provided the basis for Stivers’ ruling.

The ruling noted that the officers encountered Marr “in an agitated mental state” as he exited the residence, with Marr glancing around and expressing fear of people he said were after him.

Marr declined an invitation from Turcotte to sit on the bumper of his patrol car, and he was led over to the car and his hands placed on the hood.

Turcotte noted in the video footage that Marr was “acting squirrelly” and made the officers nervous.

After Marr removed one of his hands from the hood, police attempted to handcuff him, leading to a struggle lasting about four minutes.

“In assessing the immediacy of the threat, it does not appear that the decision to handcuff Marr was unreasonable,” Stivers’ ruling stated. “When the officers arrived at (the) residence, Marr was coming out of the house with a pair of flipflops in his hands. He immediately urged the officers not to hurt him and insisted repeatedly that someone was trying to kill him. Given that Marr was caught red-handed leaving the house he had just broken into, the officers clearly had probable cause to arrest him.”

Broderick did not return a message seeking comment.

The ruling also noted that all the physical force used by police against Marr occurred “while he actively resisted being handcuffed and the use of force ceased once Marr was restrained,” with Stivers determining that the footage demonstrated that police used no excessive force against Marr.

The incident was investigated by Kentucky State Police, which referred its findings to special prosecutor Jesse Stockton Jr., who said in a letter to KSP that his review led him to conclude that there was no credible evidence that the officers involved in Marr’s arrest caused his death, according to public records.