By DYLAN T. LOVAN
Associated Press Writer
LOUISVILLE, Ky.- A federal judge declined to halt a lawsuit filed by the family of a 19-year-old who was fatally shot by a Louisville police officer two years ago.
Former Officer McKenzie Mattingly shot Michael Newby in January 2004 during an undercover drug buy. Mattingly was charged with murder and later fired, but a jury cleared him of criminal charges after a high-profile trial in September 2004.
U.S. District Judge Charles R. Simpson ruled that the civil suit filed by Newby’s family should move forward.
“The plaintiff has offered sufficient evidence that, if proved, would establish that Mattingly’s actions were objectively unreasonable in light of clearly established law,” Simpson wrote in the 14-page opinion released Friday.
Mattingly had argued in court papers that the civil suit should be thrown out because he shot an armed drug dealer who had threatened him. Police found drugs and a gun on Newby after the shooting.
Newby’s mother, Angela Bouggess, alleges that Mattingly acted negligently and that he assaulted Newby. The lawsuit also names the Louisville Metro government, saying the city failed to train Mattingly properly.
Bouggess is seeking punitive and compensatory damages “in amounts to be proven at trial,” the lawsuit said. A trial date has not been set.
She said she filed the suit so her son’s death “has not been in vain.”