Student sues Cincy officer who failed to help victim



Under department policy, the cop should have helped the shooting victim.
CINCINNATI (AP) -- A University of Cincinnati student arrested for disorderly conduct when he complained an off-duty police officer wouldn't help a dying shooting victim has sued the city and the former officer.
Andrew November's federal lawsuit accuses Michael Baxter Jr. of false arrest, malicious prosecution and intentionally causing emotional distress. He seeks monetary compensation and punitive damages but did not list an amount.
Baxter resigned from the force in October. The lawsuit filed April 14 in U.S. District Court said the city is responsible for training police.
What happened
Police said Baxter was in uniform but working an off-duty assignment at a restaurant on April 15, 2003, when a man ran in and alerted others to the shooting.
November, from Orange near Cleveland, was standing in line to place a food order. He ran outside, then tried to enlist Baxter's help. The officer told him "it was not his problem," the lawsuit said.
After police and medics arrived, November asked Baxter for his badge number so he could write a complaint. Baxter arrested him for disorderly conduct, and November was jailed for two hours. The charge was dropped.
The victim, Varion Mines, 23, of Cincinnati, died later.
No response
Police said Baxter, an officer for five years, was not among at least seven officers who responded to the shooting. The department's rules and regulations manual requires officers to respond when made aware of any emergency or criminal situation, whether on- or off-duty.
The lawsuit said November suffered for weeks from "anguish of the experience believing that his failure to get the police officer to act resulted in the victim's death."