The suit accused Brown of using excessive force and acting negligently when he shot Johnson on July 24, 2025.
Johnson was involved in a three-vehicle crash near 1017 W. Third St. He was leaving the scene on foot and heading toward North Williams Street when Brown and officer Cody Lindsey arrived on scene.
The officers got out of the cruiser and ran after Johnson.
The lawsuit stated Johnson had a handgun in his right hand pointed toward the ground as he ran from police.
He reportedly stopped on French Lane and tried to put the gun in a sewer grate.
“While attempting to discard the gun in the sewer grate, Mr. Johnson was shot multiple times by Officer Brown in the back and arm,” the lawsuit stated. “During the entire incident, Mr. Johnson never pointed his handgun at Officer Brown, Officer Lindsey or any other individual.”
Dayton police released dash and body camera footage in the moments leading up to the shooting last year. The footage stopped just before the shooting, as Johnson was bent over the sewer grate with his profile facing police.
Afzal said during a press conference that the first round struck Johnson in the right side on his upper arm and the bullet went into his torso.
Johnson was paralyzed due to his injuries and has more than $766,000 in medical and hospital expenses, according to the lawsuit.
“Mr. Johnson posed no threat to the officer but was shot multiple times in the back,” the complaint stated. “The actions taken by Defendant Brown were excessive and objectively unreasonable under clearly established law.”
The lawsuit also claimed the police department and city fails to “meaningfully investigate the shootings of civilians, particularly young Black men.”
It argued that the department does not adequately train and supervise officers or discipline or retrain officers involved in misconduct.
Johnson is seeking in excess of $25,000 from the defendants, as well as punitive damages in excess of $25,000, attorney fees and the cost of the lawsuit.
In November, a Montgomery County grand jury declined to indict police in Johnson’s shooting.
Johnson is facing attempt to commit tampering with evidence, obstructing official business, improper handling of a firearm in a motor vehicle (under the influence) and failure to stop after an accident charges in Montgomery County Common Pleas Court.
The failure to stop after an accident charge is a first-degree misdemeanor.
We have reached out to the City of Dayton for a comment and will update this story once we receive a response.
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