The Commercial Appeal

‘Choir Practice’ case costs Memphis $588,694

Two men beaten by police in 2011

- MARC PERRUSQUIA

Lawyers for two former University of Memphis football players beaten by police near Beale Street in 2011 in the so-called “Choir Practice” case have been awarded $438,694 in attorney fees and costs.

The award to the Spence Law Firm by U.S. District Court Judge Sheryl H. Lipman on Tuesday involving ex-U of M football players Dupree Lytle and Michael McDonald brings the case’s total cost to the city of Memphis to $588,694.

The two men received $75,000 each in a settlement earlier this year after the Sixth Circuit Court of Appeals rejected an appeal by the city.

The attorney fee award was less than the $577,615 the firm requested yet more than the $339,000 the city’s attorneys said should be awarded.

“I’ll take it,’’ said attorney Robert Spence. He contends his clients were beaten in connection with a ritual at MPD called “choir practice’’ in which off-duty officers congregate in parking lots, consume alcohol and dissect the day's events.

The Commercial Appeal explored the case in depth in a November 2015 story. City Atty. Bruce McMullen has said the case file speaks for itself and that he can't comment.

The developmen­t follows two other recent, large settlement­s involving MPD. The city agreed to pay $185,000 for attorneys' fees, court costs and funeral expenses to the family of Aaron Dumas, who died during a botched police standoff in 2013.

The city also paid $587,000 earlier this year in the death of Steven Askew, who was shot and killed in 2013 by Memphis Police Department officers Matthew Dyess and Ned Aufdenkamp.

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