CHARLOTTE, N.C. — (AP) — A federal judge has thrown out a lawsuit that accused a Charlotte-Mecklenburg police officer of needlessly escalating a 2019 standoff before fatally shooting a Black man.
Senior U.S. District Judge Graham Mullen on Friday threw out the lawsuit filed in June 2020 by Deborah Franklin, the mother of Danquirs Franklin, who was shot and killed by CMPD Officer Wende Kerl outside a Burger King restaurant, according to court documents.
The federal lawsuit claimed Kerl panicked, violated her training and “shocked” the other officer on the scene when she opened fire on Franklin outside the restaurant on March 25, 2019.
In his ruling, Mullen said Kerl probably made errors on the day of the shooting. But under the law, the judge said, they were reasonable ones, making Kerl immune to the claims in the lawsuit.
Past coverage:
- Leaders call for calm after CMPD releases body cam video of deadly shooting
- CMPD releases names of officer, armed man in deadly confrontation
- Man shot, killed by officer had confrontation with employees, source says
- ‘Stop killing us’: CMS students protest deadly officer-involved shooting
- Statement from the family and friends of Danquirs Franklin
- ‘He should be alive’: Family of man killed by CMPD officer at Burger King speaks out
- Full body cam video released in deadly police shooting outside Charlotte Burger King
- Citizens Review Board taking another look at deadly CMPD shooting outside Burger King
- Judge orders release of full body cam video in deadly officer-involved shooting
- CMPD chief wants to work with officers on being more specific with verbal commands
- CMPD officer won’t face charges in fatal shooting outside Burger King
- Board rules against CMPD’s decision that officer-involved shooting was justified
Franklin appeared to be complying with orders to lay down his weapon when Kerl shot him, according to video and a report by District Attorney Spencer Merriweather. However, Merriweather ruled the Franklin shooting was legally justified, saying his office couldn’t prove that Kerl and the Burger King manager didn’t have a reasonable fear for their safety given Franklin’s erratic behavior and the fact that he was armed.
(WATCH BELOW: Family of man killed by police outside Burger King files lawsuit against city, officer)
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