Family of Jimmy Atchison filed wrongful death lawsuit against Atlanta

ATLANTA - The family of a man shot and killed by an Atlanta police officer has filed a wrongful death civil lawsuit against the city.

Jimmy Atchison's family said their pain and scars will never go away. Twelve of them, including Atchison’s two young children just 4 and 2 years old, gathered behind family attorney Tanya Miller on Wednesday to announce the civil lawsuit filed on October 2.

"Everybody should have the right to live their life free of fear. Everybody should be treated with dignity and respect. Where is the dignity and respect for my son Jimmy Atchison? I ask you what if Jimmy Atchison was your son," Jimmy's father Jimmy Hill asked.

Atchison's attorney said the case involves a series of errors by a federal task force that pursued the young father back in January of 2019 for allegedly stealing a cellphone during a robbery.

Sign up for FOX 5 email alerts

The civil lawsuit names the city of Atlanta, five officers with the Atlanta Police Department, and a federal agent among others.

The family lawyer believes the shooter, then Atlanta police officer Sung Kim who was on the task force must be held accountable. Kim has since retired from the force.

"Officer Sung Kim needs to be charged and he should be charged with murder,” family attorney Tanya Miller demanded.

Attorney Miller said Fulton County District Attorney Paul Howard told her he had planned to take the case to the grand jury in March, but the pandemic hit. The former officer faces no charges at this time.

The NAACP has stood with this family since the very beginning. They have marched, met with the mayor and DA, and provided moral support. They said the city must step up.

"We are now calling on the city to do the right thing and that accepts accountability for what happened to Jimmy Atchison in southwest Atlanta. Louisville has already set the standard in the Breonna Taylor case. We expect the city of Atlanta to exceed the standard," attorney Gerald Griggs of the NAACP challenged.

Download the FOX 5 Atlanta app for breaking news and weather alerts.

The family praised Howard for his work on the case, they indicated the look forward to working with incoming DA Fani Willis in the future.

The lawsuit did not specify a damage amount, but attorney Miller said she would not expect any less than $20 million in the case.