A federal judge has decided to allow a wrongful death lawsuit to continue against Barber County Undersheriff Virgil Brewer, who fired a so-called “less lethal” beanbag round at close range into the chest of 42-year-old Steven Myers.
Although the judge dismissed Barber County Sheriff Lonnie Small as a defendant in the federal lawsuit, the judge ruled that the sheriff could be sued in state court, according to a court order filed Wednesday.
An attorney for Myers’ family, Michael Kuckelman, said Thursday that the family plans to file suit against Sheriff Small in Barber County District Court next week. The planned lawsuit in state court against the sheriff will contend that Small was negligent in supervising Brewer and is responsible for Brewer’s actions, while the federal lawsuit will continue to argue that Brewer violated Myers’ constitutional rights, Kuckelman said.
(Read more: Wichita Eagle)