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.
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.
The judge also said the officers were entitled under the circumstances to qualified immunity — special legal protections that prevent people from suing over claims that police or government workers violated their constitutional rights.
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?
I’m very anti cops, but as I read how he pointed the gun, I have a hard time supporting this lawsuit. The part about showing up at the wrong address I can still support unless the caller told them specifically his address. I didn’t continue reading at that point because I lost interest when he raised his firearm.
Maybe they shouldn't of shone a light at him making him unable to identify that it was cops. They used the light for obfuscation and it ruined his target recognition. It's still their fault. It's all their fault.
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.
The story does not specify whether or not the officers ever identified themselves.
If they didn’t, then from his perspective he went to answer his door only to have a bright light in his face.