UPDATE: Federal lawsuit filed against Chattanooga officer dismissed at plaintiff's request
UPDATE: A federal lawsuit filed against a Chattanooga officer by a man claiming he was wrongfully arrested has been dismissed.
The lawsuit filed by Larry Nance, claiming Officer Trent Kilpatrick wrongfully arrested him and used excessive force, was dismissed by a judge at the request of Nance and his wife, Sherry.
The couple wrote a letter to the judge requesting the suit be dismissed because they wanted it all "to be over."
Nance accused Kilpatrick of throwing him on the ground while in handcuffs, breaking two of his ribs.
Court documents filed on behalf of Kilpatrick say the officer couldn't see Larry's hands while interacting in the doorway and he was making sure Larry didn't have a weapon.
The documents also say Nance lunged at Kilpatrick while being moved, causing Larry to lose his footing and fall.
City records show Kilpatrick was suspended for 160 hours without pay for violating department policy during the arrest.
The lawsuit was dismissed with prejudice, which means the Nance's cannot file the same claim in the future.
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ORIGINAL STORY: A Chattanooga man is suing a Chattanooga police officer for wrongfully arresting him and throwing him on the ground during an arrest.
Two of the man's ribs were broken during the encounter.
Larry and Sherry Nance reached out to Channel 3 with their story because they believe the officer's actions are part of a bigger conversation about police brutality.
"And I just walked over there and I said I've heard enough of this crap and I went to shut the door and that's when Kilpatrick opened up the screen door and plowed in and grabbed me by my throat," Larry said.
Larry Nance was placed in handcuffs and escorted to the road where he was placed in Officer Trent Kilpatrick's Chattanooga police car.
But for an unknown reason, records show Kilpatrick took Larry out of the car to place him in another patrol car.
"And then the officer, Kilpatrick, took me out of that car, slammed me down out here in the street, while handcuffed in my underwear, and broke two of my ribs," Larry added.
Sherry called 911, asking for a supervisor moments after her husband was arrested for assault on a police officer.
The charge was later dropped.
Records show an assistant district attorney said there wasn't enough evidence to support the charge and Kilpatrick could not lawfully enter the home without a warrant.
An internal affairs investigation revealed the call was not handled properly.
Kilpatrick was suspended for 160 hours without pay for violating department policies on false arrest, use of force and treatment of prisoners.
Kilpatrick's attorney said she couldn't comment on the case.
But court documents filed on her client's behalf state Kilpatrick couldn't see Larry's hands while interacting in the doorway and he was making sure Larry didn't have a weapon.
The documents go on to state Larry lunged at Kilpatrick while being moved, causing Larry to lose his footing and fall.
Larry and Sherry disagree.
They believe what happened at their home that night is part of a bigger conversation about a growing wall between the police and the public.
"This type of thing right here, this cowboy training that he's giving, that's what's causing this kind of brutality," Larry said.
"There are a lot of good police officers. I've always trusted police around here," Sherry said, "But since this happened, I'm scared to even open my door. I don't want to open my door because if they think they can just walk into your house without a warrant or anything and when you're not doing anything wrong?"
A federal civil jury is set to decide if Larry Nance's constitutional rights were violated later this month.