The family of Timothy Cook, a 35-year-old man who died after being shot by Memphis police, is seeking at least $35 million in a federal civil rights and wrongful death lawsuit.
The lawsuit names the City of Memphis, the Memphis Police Department, Officer Timothy J. Davis, and Officer Terrianus Hall as defendants. Court records show the case was moved from Shelby County Circuit Court to the U.S. District Court for the Western District of Tennessee on September 23, 2026.
The case centers on a key dispute: Did Cook pose an immediate threat when police fired at his vehicle?
Police and Cook’s family give different accounts of what happened. Video evidence could become important as the lawsuit moves forward.
What Happened to Timothy Cook?
The shooting happened on June 13, 2025, in a liquor store parking lot on Park Avenue in Memphis’ Orange Mound neighborhood.
Cook was taken to a hospital after the shooting. He died three days later, on June 16.
According to the Tennessee Bureau of Investigation’s earlier account, Cook drove his vehicle toward officers and struck one of them. Authorities said another officer then fired at Cook’s vehicle.
Cook’s family disputes that account.
Their lawsuit says surveillance video shows Cook’s vehicle moving away from a parking space at a low speed as he tried to get around a police cruiser. The family argues that Cook did not pose the type of immediate threat that would justify deadly force.
Those claims have not yet been proven in court.
What Does the $35 Million Lawsuit Claim?
The lawsuit seeks at least $35 million in damages and raises federal civil rights and wrongful death claims.
The case is listed in federal court as Fitzgerald et al. v. City of Memphis et al., case number 2:26-cv-03259.
The $35 million figure is the amount the plaintiffs are seeking.
It is not a settlement or court award, and no court has ruled that the officers or the city are liable.
Why Does the Vehicle’s Movement Matter?
One of the most important questions in the case may be what Cook’s vehicle was doing at the moment the police fired.
Police officers can use deadly force in some situations when they reasonably believe someone poses an immediate threat of death or serious injury.
But shootings involving moving vehicles can raise difficult questions.
Investigators and attorneys may examine:
- how fast the vehicle was moving
- which direction it was traveling
- where the officers were standing
- whether an officer was directly in the vehicle’s path
- whether the vehicle had already passed an officer
- whether officers had room to move away
- when shots were fired
- whether the vehicle still posed a threat when each shot was fired
A vehicle can be dangerous. But its presence alone does not answer whether deadly force was reasonable.
The full sequence of events matters.
Could Surveillance Video Be Important?
Yes.
Surveillance video may help show the speed and direction of Cook’s vehicle and the location of officers when shots were fired.
That evidence could be compared with:
- officer statements
- police reports
- body-camera footage
- witness accounts
- photographs
- vehicle damage
- bullet paths
- forensic evidence
Video can be especially important when the two sides describe the same event differently.
Ben Crump Law has handled other police shooting cases where video evidence became a key part of the dispute.
For example, in the separate case involving Charles Krumm Jr., Ben Crump Law filed a wrongful death lawsuit alleging that video evidence contradicted an initial account of a fatal police shooting. The firm says the video showed Krumm running away when he was shot in the back.
That case involves different facts and a different police agency, but it shows why independent video can matter in deadly-force cases.
Can Police Shoot at a Moving Vehicle?
There is no simple rule that applies to every case.
The key question is often whether the officer reasonably believed the vehicle posed an immediate threat at the moment deadly force was used.
Courts may look closely at where the officer was standing, where the vehicle was moving, how much time the officer had to react, and whether the threat had already passed.
That makes vehicle shootings very fact-specific.
Related: Police Shooting at a Moving Vehicle: When Can Deadly Force Be Excessive?
Can a Family Sue After a Fatal Police Shooting?
Possibly.
A family or estate may have legal options if evidence shows that an officer used unconstitutional or otherwise unlawful force.
Potential claims can include:
- excessive force
- wrongful death
- unreasonable seizure
- survival claims
- failure to intervene
- municipal liability in some cases
- related state-law claims
Ben Crump Law’s police shooting practice page discusses cases involving alleged unlawful deadly force.
The firm’s civil rights practice page covers broader claims involving alleged constitutional violations.
Ben Crump Law also provides guidance on when families may sue police for wrongful death after excessive force.
Can the City of Memphis Be Held Liable?
A city is not automatically liable just because one of its officers is accused of using excessive force.
Claims against a city may require evidence that the alleged violation was connected to a government policy, practice, custom, failure to train, or other conduct that meets the legal standard for municipal liability.
That can make these cases broader than the actions of one officer.
Attorneys may review:
- department policies
- police training
- prior complaints
- earlier shootings
- disciplinary records
- supervisor decisions
- use-of-force practices
The Timothy Cook lawsuit names both individual officers and the City of Memphis.
Ben Crump Law Has Extensive Memphis Police Litigation Experience
Ben Crump Law has a direct connection to police accountability litigation in Memphis.
The firm represents the family of Tyre Nichols, who died after a January 2023 traffic stop and beating by Memphis police officers.
The civil lawsuit filed on behalf of Nichols’ family named the City of Memphis, the Memphis Police Department, and its officers. It alleged that unconstitutional policies, poor training, and poor supervision contributed to his death.
The Cook and Nichols cases are separate matters with different facts.
Still, the Nichols litigation gives Ben Crump Law direct experience with civil rights claims involving the City of Memphis and the Memphis Police Department.
That makes the Tyre Nichols case an especially relevant internal link for this article.
What Compensation May Be Available in a Police Wrongful Death Lawsuit?
If a family proves a wrongful death or civil rights claim, possible compensation may include:
- funeral and burial costs
- medical bills
- lost income
- lost future financial support
- loss of companionship
- pain and suffering before death, where allowed
- other damages allowed under federal or state law
Punitive damages may also be available against individual officers in some cases if the required legal standard is met.
Ben Crump Law’s police wrongful death compensation guide explains these damages in more detail.
Related: Police Wrongful Death Lawsuit: What Compensation May Be Available?
What Happens Next in the Timothy Cook Lawsuit?
The lawsuit is now pending in federal court.
As the case moves forward, both sides may gather and exchange evidence. That process could include:
- surveillance video
- body-camera footage
- officer testimony
- witness statements
- police policies
- training records
- forensic evidence
- medical records
- expert testimony
The court has not ruled on whether the officers or the City of Memphis are liable.
The family is seeking at least $35 million, but the amount ultimately recovered, if any, will depend on how the case develops.
Ben Crump Law Handles Police Shooting and Wrongful Death Cases
Ben Crump Law represents families in cases involving alleged:
- police shootings
- excessive force
- wrongful death
- police misconduct
- civil rights violations
- unconstitutional uses of deadly force
The firm has also handled major civil rights litigation involving the Memphis Police Department, including the Tyre Nichols case.
If your loved one was killed or seriously injured during an encounter with law enforcement, an attorney can review the evidence and determine whether legal options may exist.
Contact Ben Crump Law for a free case evaluation.
