cross-posted from: https://sh.itjust.works/post/38426659

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.

  • TheTechnician27@lemmy.world
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    12 hours ago

    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.

    And there it fucking is.

  • zaph@sh.itjust.works
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    13 hours ago

    So if I want to kill someone all I have to do is knock on their door late at night and wait for them to brandish a firearm?

  • kahdbrixk@feddit.org
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    13 hours ago

    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?

    Ah and of course ACAB, like seriously

  • some_guy
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    13 hours ago

    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.

    • Romkslrqusz@lemm.ee
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      9 hours ago

      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.

      • Maalus@lemmy.world
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        9 hours ago

        Yeah because it is 100% reasonable to answer a door while holding a gun. Something a normal person does. Completely sane.

        Oh no wait, a normal person would just not open the door, or call the police themselves, or yell asking “who is it”. Imagine someone got hurt in an accident, they ran up to a house and got greeted by a handgun. Then the story wouldn’t be “fuck the cops” it’d be “fuck guns and the lunatic wielding them”.

        • Romkslrqusz@lemm.ee
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          9 hours ago

          I agree that opening the door was a mistake - I’m the type to check a camera when I hear a knock.

          I think you’re missing the point of my comment. The firearm was likely pointed in response to the blinding light. Your hypothetical “person hurt in an accident” probably would not have had a gun pointed in their face.

          By being unable to fathom why somebody would have the means to defend themselves when a stranger is at their door, you’re displaying a certain level of privilege. Must be nice.

          • Maalus@lemmy.world
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            9 hours ago

            He grabbed a handgun before answering the door. It doesn’t matter if he pointed it, if he waved it, or shown them how cool he looked with it. You don’t open the door with a gun in hand. What’s the A to Z of doing that? If it’s robbers, do you think you opening the door with a gun makes them magically disappear? What if it’s literally anyone else, because why would a robber knock on the door?

            You call it a lack of privilege and I call it stupidity. Grabbing a gun means “I’m about to use deadly force”. Grabbing a gun to a situation that isn’t known to you is escalating everything to 11. As I said. If you are scared, you don’t open the door. Someone breaks in, sure, use that deadly force. But this isn’t that, this is a flashlight being pointed at a dude who knowingly got something that can end another person’s life, who overreacted and literally pulled a gun on cops.

            • baines@lemmy.cafe
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              8 hours ago

              you have a right to hold a gun in your own home

              if this were anyone but a cop this would be murder

    • the_riviera_kid@lemmy.world
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      13 hours ago

      So whats your favorite flavor of boot? Seeing as how you lick them so willingly you must have a preference.