A federal judge has dismissed part of a lawsuit that accused police in New Mexico of violating constitutional protections against unreasonable searches and seizures when they fatally shot a man after showing up at the wrong address.

cross-posted from: https://sh.itjust.works/post/38426659

The shooting of Robert Dotson, 52, in the northwestern New Mexico city of Farmington prompted a civil lawsuit by his family members, though public prosecutors found there was no basis to pursue criminal charges against officers after a review of events. The suit alleged that the family was deprived of its civil rights and officers acted unreasonably.

Hearing a knock at the door late on April 5, 2023, Dotson put on a robe, went downstairs and grabbed a handgun before answering. Police outside shined a flashlight as Dotson appeared and raised the firearm before three police officers opened fire, killing him. Dotson did not shoot.

“Ultimately, given the significant threat Dotson posed when he pointed his firearm at officers … the immediacy of that threat, the proximity between Dotson and the defendant officers, and considering that the events unfolded in only a few seconds, the court finds that the defendant officers reasonably applied deadly force,” U.S. District Court Judge Matthew Garcia said in a written court opinion.

  • kahdbrixk@feddit.orgDeutsch
    22·
    22 hours ago

    Looks like an endless spiral of gun violence. A bit like Schrödingers gun ownership law. You are allowed to own a gun and you are allowed to protect yourself and your family with a gun - but then you are not allowed to do so when the police is at your door, cause they have the right to shoot you if you own a gun and use it to protect yourself.

    Just wow. But guns are never the problem, am I right?

    Ah and of course ACAB, like seriously