In Santa Fe, N.M., a federal judge has dismissed part of a lawsuit filed by the family of Robert Dotson, who was fatally shot by police responding to a domestic violence call at the wrong address. Dotson, 52, was killed on April 5, 2023, after he answered his door while holding a handgun. When he pointed the firearm at three officers, they shot him, despite Dotson not firing his weapon. Following a review, public prosecutors decided against pursuing criminal charges against the officers involved.
U.S. District Court Judge Matthew Garcia stated that under the circumstances, the officers reasonably used deadly force due to the immediate threat Dotson posed. The judge also ruled that the officers were entitled to qualified immunity, which protects government workers from lawsuits alleging constitutional rights violations under certain conditions.
The judge’s opinion aligns with a recent U.S. Supreme Court ruling that emphasizes considering the totality of circumstances in evaluating police shootings. Despite this ruling, Tom Clark, an attorney for the Dotson family, mentioned that the lawsuit will continue on other claims related to tort law and the New Mexico Civil Rights Act, which curtails police immunity.
Defense attorneys argued that the officers acted reasonably, having identified themselves and posed an imminent threat to their safety. Legal experts, like Philip Stinson, suggest that evaluations of police immunity often produce perplexing results. The family’s lawyers highlighted that Dotson was likely unaware of the police presence and noted the lack of time given for him to comply with police commands. Dotson’s wife, witnessing the aftermath, fired shots outside, not knowing who was present, and police fired 19 rounds during the incident, none hitting her.
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