Two white Topeka police officers who fatally shot a Black man as he fled from them after a struggle that revealed he was armed have been removed from a federal lawsuit accusing them of using excessive force.
U.S. District Judge Daniel Crabtree said that it wasn’t clearly established that Officers Justin Mackey and Michael Cruse violated Dominique White’s Fourth Amendment right protecting him from excessive force, The Topeka Capital-Journal reports.
The officers were responding to a report of gunfire in the area in September 2017 when they confronted White, who they discovered during a struggle was armed.
Shawnee County District Attorney Mike Kagay ruled earlier that the shooting was justified, saying White moved his hand over a pocket that contained a gun as he fled.
“Unlike other cases where officers learned later that the suspect wasn’t armed, the officers here actually knew Mr. White had a gun in his pocket,'” Crabtree wrote.