Hawaii judge dismisses wrongful death lawsuit in shooting of unarmed Black man
The killing of Lindani Myeni on April 14, 2021, drew international attention, including from civil rights activist the Rev. Al Sharpton.
Myeni, 29, was a South African national who had recently moved to Hawaii, where his wife grew up.
Authorities have said Myeni was acting strangely and entered a home uninvited, and a frightened tourist staying there called 911. Myeni punched responding officers, leaving one with facial fractures and a concussion, Honolulu Prosecuting Attorney Steve Alm said previously.
Police tried other deterrence methods, including deploying a stun gun that was not effective on Myeni, before an officer fired a volley of three shots, Alm said in finding that the officers' use of force was justified. Myeni continued punching an officer even after he was shot once in the chest, Alm said.
Honolulu attorneys had recommended paying $1.5 million to settle the lawsuit last year, but it never went to a vote before the full city council and the case went to trial.
Trial started July 14 and testimony included Myeni's widow, Lindsay Myeni, taking the stand, according to her lawyers. Plaintiffs rested their case Friday.
The city filed a motion for dismissal that same day, arguing that no evidence was presented showing that the officers acted with malice and are immune from liability.
Judge Karin Holma granted the motion Tuesday, according to court records.
Her ruling came after seven days of testimony including video of the incident showing an officer 'hiding behind a flashlight and refusing to say he was a police officer,' according to a statement from lawyers representing Myeni's widow.
'While we wish the jury could have decided this, at least the appellate court can now review the record,' attorney James Bickerton said in the statement.
A mistrial would have also been possible in the case because three jurors were sick with Covid, said another Myeni attorney, Bridget Morgan-Bickerton.
According to an addendum to Myeni's autopsy report, which was obtained by The Associated Press in 2023, Myeni was a former professional rugby player who suffered from a degenerative brain disease often found in football players and other athletes subjected to repeated head trauma.
Brain tissue was sent to the Boston University CTE Center, which found Myeni suffered from stage three chronic traumatic encephalopathy. Commonly known as CTE, the disease can only be diagnosed posthumously.
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