Judge finds police acted reasonably in shooting New Mexico man while at
wrong address
[May 21, 2025]
By MORGAN LEE
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.
[to top of second column]
|
In this image taken from body camera video provided by the
Farmington Police Department, a police officer knocks on the door of
the wrong address in response to a domestic violence call, in
Farmington, N.M., late April 5, 2023. (Farmington Police Department
via AP, File)
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.
All contents © copyright 2025 Associated Press. All rights reserved |
