CINCINNATI — A judge has dismissed a lawsuit claiming Rodney Hinton Jr.'s civil rights had been violated.
Hinton is accused of intentionally driving a car into Hamilton County Sheriff's Deputy Larry Henderson, killing him, one day after an unnamed Cincinnati police officer fatally shot his son.
Filed by Antoinette Holloway on behalf of Hinton, the lawsuit claimed the City of Cincinnati, Cincinnati Police Department, the Hamilton County Justice Center, the State of Ohio and 10 John Doe officers violated Hinton's Fourth, Sixth, Eighth and Fourteenth Amendment rights.
The lawsuit claims Hinton "was subjected to excessive force resulting in visible injuries" during his arrest. When he appeared in court for his arraignment, he did have visible injuries to his head. However, a press release from police said he was hospitalized due to the crash.
During his first two court appearances, Hinton was flanked by dozens of law enforcement officials who packed the courtroom. The lawsuit also claimed that the police presence was "a coordinated presence clearly intended to intimidate, suppress defense and influence the judicial process."
WATCH: Rodney Hinton Jr.'s court appearance
In a recommendation, Judge Matthew W. McFarland stated that while a non-attorney can appear on their own behalf, they have no authority to appear as an attorney on behalf of others. While Holloway also lists Hinton as a plaintiff, she then becomes the primary plaintiff in this case.
Because Holloway, who does not live in Ohio, cannot prove that she herself has been injured or that her civil rights were violated, her case was dismissed and terminated from the court's docket.
Hinton's next court date is scheduled for Sept. 17.
