Jury says Wake County deputies owe Apex man $8.3 million after violating civil rights

A jury ruled Wednesday that a Wake County sheriff’s deputy and two former deputies owe an Apex man $8.3 million for violating his constitutional rights in 2013.

The jury found the deputies illegally searched Michael Morgan’s truck, unlawfully arrested him and used excessive force during the arrest despite his obeying orders from deputies Ricky Spivey, Casey Miller and Joshua Legan, the defendants in federal court in the Eastern District of North Carolina Western Division.

According to Wednesday’s jury verdict, Morgan, now 38, is entitled to recover from Spivey $350,000 for unlawful arrest, $1 million for his use of excessive force and $750,000 in punitive damages.

He is entitled to recover from Miller $3 million for unjustified use of deadly force and $1 million in punitive damages.

He is entitled to recover from Legan $125,000 for the unlawful search of his truck and $100,000 in punitive damages.

The jury also ruled that Morgan is entitled to $2 million for unlawful prosecution.

According to Morgan’s complaint, Spivey allegedly drove onto Morgan’s property July 5, 2013. after seeing Morgan drive “carelessly and recklessly” in exiting Wimberly Road and entering his private field.

It was a routine traffic stop, but Miller and Legan joined Spivey at the scene. The complaint alleges they drove at “extreme and unsafe speed” based on dash-camera footage.

Morgan was charged with reckless driving on his own property and received citations for driving with an expired registration and a revoked license, the complaint said.

After this, Morgan proceeded to perform donuts and fishtails on his property. Spivey drove toward him and Morgan stopped.

An altercation followed where Spivey asked Morgan to move. After Morgan refused, Spivey approached him, hit him in the head with his baton and tried to pull Morgan out of the truck.

The truck idled forward as Morgan’s foot left the brake and Miller shot Morgan in his hand and his leg, according to the complaint.

Morgan was taken to Duke University Medical Center for treatment and then was jailed for four months, according to the complaint.

The deputies wrongfully claimed that Morgan accelerated in an attempt to kill Spivey, the complaint said.

A jury in the criminal trial found Morgan not guilty of assaulting with intent to kill Spivey due to a lack of evidence, according to court documents.

Spivey is still a Wake County deputy, according to WRAL. Miller is a State Capitol Officer and Legan is a State Highway Patrol trooper, according to the N.C. Department of Public Safety.

Efforts to reach the Sheriff’s Office for comment Thursday evening were unsuccessful.

This story was originally published September 26, 2019 at 7:29 PM.