Latest news with #NewMexicoCivilRightsAct
NBC News
21-05-2025
- NBC News
Judge finds police acted reasonably in shooting New Mexico man while at wrong address
SANTA FE, N.M. — A federal judge has dismissed part of a lawsuit that accused police of violating constitutional protections when they fatally shot a man after showing up at the wrong address in response to a domestic violence call. 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. The opinion was published May 15 — the same day the U.S. Supreme Court ruled unanimously in a separate case that courts should weigh the totality of circumstances and not just a 'moment of threat' when judging challenges to police shootings under the Fourth Amendment. Tom Clark, one of the Dotson family's attorneys, said the lawsuit against Farmington police will move forward on other claims under tort law and provisions of the New Mexico Civil Rights Act, which limits immunity for police and other government agencies. Defense attorneys said in court filings that the officers acted reasonably under 'the totality of circumstances,' noting that they repeatedly knocked and announced that police had arrived and saying Dotson 'posed an imminent threat of death or great bodily harm to police.' Philip Stinson, a professor of criminal justice at Bowling Green State University in Ohio, said Tuesday that court evaluations of police immunity in shootings 'sometimes lead to results that end up leaving you scratching your head.' 'Here the court is saying the police made a mistake — but in that moment they were confronted with a decision to use deadly force,' he said. 'I don't think this is the last word in this case.' Lawyers for Dotson's family emphasized that police were at the wrong address and that he was likely blinded by the flashlight with little inkling that police were there. They said officers did not give him sufficient time to comply with commands as an officer shouted, 'Hey, hands up.' According to the lawsuit, Dotson's wife, wearing only a robe, came downstairs after hearing the shots and found her husband lying in the doorway. She fired outside, not knowing who was out there. Police fired 19 rounds but missed her.
21-05-2025
Judge finds police acted reasonably in shooting New Mexico man while at wrong address
SANTA FE, N.M. -- A federal judge has dismissed part of a lawsuit that accused police of violating constitutional protections when they fatally shot a man after showing up at the wrong address in response to a domestic violence call. 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. The opinion was published May 15 — the same day the U.S. Supreme Court ruled unanimously in a separate case that courts should weigh the totality of circumstances and not just a 'moment of threat' when judging challenges to police shootings under the Fourth Amendment. Tom Clark, one of the Dotson family's attorneys, said the lawsuit against Farmington police will move forward on other claims under tort law and provisions of the New Mexico Civil Rights Act, which limits immunity for police and other government agencies. Defense attorneys said in court filings that the officers acted reasonably under 'the totality of circumstances,' noting that they repeatedly knocked and announced that police had arrived and saying Dotson 'posed an imminent threat of death or great bodily harm to police.' Philip Stinson, a professor of criminal justice at Bowling Green State University in Ohio, said Tuesday that court evaluations of police immunity in shootings 'sometimes lead to results that end up leaving you scratching your head.' 'Here the court is saying the police made a mistake — but in that moment they were confronted with a decision to use deadly force,' he said. 'I don't think this is the last word in this case.' Lawyers for Dotson's family emphasized that police were at the wrong address and that he was likely blinded by the flashlight with little inkling that police were there. They said officers did not give him sufficient time to comply with commands as an officer shouted, 'Hey, hands up.' According to the lawsuit, Dotson's wife, wearing only a robe, came downstairs after hearing the shots and found her husband lying in the doorway. She fired outside, not knowing who was out there. Police fired 19 rounds but missed her.
Yahoo
21-05-2025
- Yahoo
Judge finds police acted reasonably in shooting New Mexico man while at wrong address
SANTA FE, N.M. (AP) — A federal judge has dismissed part of a lawsuit that accused police of violating constitutional protections when they fatally shot a man after showing up at the wrong address in response to a domestic violence call. 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. The opinion was published May 15 — the same day the U.S. Supreme Court ruled unanimously in a separate case that courts should weigh the totality of circumstances and not just a 'moment of threat' when judging challenges to police shootings under the Fourth Amendment. Tom Clark, one of the Dotson family's attorneys, said the lawsuit against Farmington police will move forward on other claims under tort law and provisions of the New Mexico Civil Rights Act, which limits immunity for police and other government agencies. Defense attorneys said in court filings that the officers acted reasonably under 'the totality of circumstances,' noting that they repeatedly knocked and announced that police had arrived and saying Dotson 'posed an imminent threat of death or great bodily harm to police.' Philip Stinson, a professor of criminal justice at Bowling Green State University in Ohio, said Tuesday that court evaluations of police immunity in shootings 'sometimes lead to results that end up leaving you scratching your head.' 'Here the court is saying the police made a mistake — but in that moment they were confronted with a decision to use deadly force,' he said. 'I don't think this is the last word in this case.' Lawyers for Dotson's family emphasized that police were at the wrong address and that he was likely blinded by the flashlight with little inkling that police were there. They said officers did not give him sufficient time to comply with commands as an officer shouted, 'Hey, hands up.' According to the lawsuit, Dotson's wife, wearing only a robe, came downstairs after hearing the shots and found her husband lying in the doorway. She fired outside, not knowing who was out there. Police fired 19 rounds but missed her.
Winnipeg Free Press
21-05-2025
- Winnipeg Free Press
Judge finds police acted reasonably in shooting New Mexico man while at wrong address
SANTA FE, N.M. (AP) — A federal judge has dismissed part of a lawsuit that accused police of violating constitutional protections when they fatally shot a man after showing up at the wrong address in response to a domestic violence call. 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. The opinion was published May 15 — the same day the U.S. Supreme Court ruled unanimously in a separate case that courts should weigh the totality of circumstances and not just a 'moment of threat' when judging challenges to police shootings under the Fourth Amendment. Tom Clark, one of the Dotson family's attorneys, said the lawsuit against Farmington police will move forward on other claims under tort law and provisions of the New Mexico Civil Rights Act, which limits immunity for police and other government agencies. Defense attorneys said in court filings that the officers acted reasonably under 'the totality of circumstances,' noting that they repeatedly knocked and announced that police had arrived and saying Dotson 'posed an imminent threat of death or great bodily harm to police.' Philip Stinson, a professor of criminal justice at Bowling Green State University in Ohio, said Tuesday that court evaluations of police immunity in shootings 'sometimes lead to results that end up leaving you scratching your head.' 'Here the court is saying the police made a mistake — but in that moment they were confronted with a decision to use deadly force,' he said. 'I don't think this is the last word in this case.' Lawyers for Dotson's family emphasized that police were at the wrong address and that he was likely blinded by the flashlight with little inkling that police were there. They said officers did not give him sufficient time to comply with commands as an officer shouted, 'Hey, hands up.' According to the lawsuit, Dotson's wife, wearing only a robe, came downstairs after hearing the shots and found her husband lying in the doorway. She fired outside, not knowing who was out there. Police fired 19 rounds but missed her.
Yahoo
08-04-2025
- Yahoo
Wrongful death lawsuit filed in fatal officer-involved shooting in Chaparral
EL PASO, Texas (KTSM) – A wrongful death lawsuit has been filed against the Board of County Commissioners for Doña Ana County following the fatal shooting of a man by a Sheriff's deputy last year in Chaparral, New Mexico, the law firm Huffman, Wallace & Monagle said in a news release. Sheriff: Man points taser at deputy, killed in Chaparral The lawsuit stems from the fatal shooting of Jose Guzman by Deputy Cory Ruiz on April 29, 2024, the lawsuit said. The law firm said the lawsuit alleges violations of the New Mexico Civil Rights Act and the New Mexico Tort Claims Act. The complaint details how Guzman — a man with diminished cognitive capacity and well-known in the Chaparral community — was shot multiple times by Ruiz during what began as a minor trespassing investigation, according to the news release. According to the lawsuit, Ruiz was familiar with Guzman from previous encounters and was aware of his mental health challenges, yet 'failed to follow departmental policies regarding interactions with mentally ill individuals and use of force protocols.' Man shot, killed in officer-involved shooting in Chaparral 'This case represents a profound failure of community policing,' attorney Jason T. Wallace said. 'Mr. Guzman was a vulnerable individual with well-known cognitive challenges who posed no serious threat to anyone. The deputy's decision to escalate a minor misdemeanor warrant into a deadly confrontation was unnecessary and preventable.' 'The Doña Ana County Sheriff's Office has clear policies in place for interacting with mentally ill individuals and for de-escalation, but those policies were ignored in this case. Our law enforcement agencies must do better to protect our most vulnerable citizens rather than endangering them,' Wallace added. As we previously reported, Guzman, 37, was shot and killed in Chaparral, in April of last year in what the Doña Ana County Sheriff's Office called an officer-involved shooting. The incident happened when a 911 call was placed about a suspicious person and a possible burglary in progress, Doña Ana County Sheriff Kim Stewart said at the time. Stewart said a deputy made contact with Guzman on the 300 block of Prescott Anthony Drive and discovered that Guzman had a no-bond arrest warrant for disorderly conduct out of DASO. Stewart said the deputy attempted to arrest Guzman and a short pursuit ensued. Stewart said that at one point, the deputy struggled with Guzman for several minutes after activating his taser. The taser was then placed on the ground, which Guzman took and held it in a manner in which 'he could deploy it' at the deputy. The deputy, later identified as Cory Ruiz in the lawsuit, shot and killed Guzman, according to the lawsuit's release. KTSM reached out to Doña Ana County for comment and hasn't heard back 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
