SANTA FE, NM - A federal judge has dismissed part of a lawsuit against police accusing them of violating constitutional rights of a man who was fatally shot by police at the wrong address while responding to a domestic violence call.
According to NBC News, U.S. District Court Judge Matthew Garcia said in a written court opinion, "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."
The shooting of 52-year-old Robert Dotson in the northwestern New Mexico city of Farmington prompted a civil lawsuit by his family members. After reviewing the events, public prosecutors found that there was no basis to pursue criminal charges against the officers involved. The civil suit that was filed alleges that the family was deprived of its civil rights and that the officers acted unreasonably.
On April 5, 2023, Dotson heard a knock at his door. He put on his robe, went downstairs, and grabbed a handgun before answering the door. Police outside shined a flashlight as Dotson appeared and raised the firearm at the officers. Three officers opened fire, killing him. Dotson did not fire his firearm.
In his ruling, the judge also said that the officers were entitled under the circumstances to qualified immunity, which are special legal protections that prevent people from suing over claims that police or government workers violated their constitutional rights. The court opinion was published on May 15th, the same day that 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.
Defense attorneys said 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."
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. Lawyers for Dotson's family emphasized that the police were at the wrong address and that he was likely blinded by the flashlight with little inkling that police were there.
They also said that the officers did not give him sufficient time to comply with commands as an officer shouted, "Hey, hands up." NTD reported that body camera footage of the incident shows officers arriving at Dotson's home shortly before midnight, knocking at least three times and announcing themselves.
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. She was not injured and eventually realized the individuals outside were police officers.
She can be heard saying, "Help! Somebody shot my husband. Please! Please! My kids are upstairs." At the time, Farmington Police Chief Steve Hebbe described the incident as "an extremely traumatic event," stating, "All of us — the men and women of the Farmington Police Department — recognize the severity of this incident. We will do everything possible to more fully understand what transpired here."
He added, "Once again, we wish to express our condolences to the Dotson family and as your chief of police, I wish to convey how very sorry I am that this tragedy occurred."
According to NBC News, U.S. District Court Judge Matthew Garcia said in a written court opinion, "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."
The shooting of 52-year-old Robert Dotson in the northwestern New Mexico city of Farmington prompted a civil lawsuit by his family members. After reviewing the events, public prosecutors found that there was no basis to pursue criminal charges against the officers involved. The civil suit that was filed alleges that the family was deprived of its civil rights and that the officers acted unreasonably.
On April 5, 2023, Dotson heard a knock at his door. He put on his robe, went downstairs, and grabbed a handgun before answering the door. Police outside shined a flashlight as Dotson appeared and raised the firearm at the officers. Three officers opened fire, killing him. Dotson did not fire his firearm.
In his ruling, the judge also said that the officers were entitled under the circumstances to qualified immunity, which are special legal protections that prevent people from suing over claims that police or government workers violated their constitutional rights. The court opinion was published on May 15th, the same day that 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.
Defense attorneys said 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."
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. Lawyers for Dotson's family emphasized that the police were at the wrong address and that he was likely blinded by the flashlight with little inkling that police were there.
They also said that the officers did not give him sufficient time to comply with commands as an officer shouted, "Hey, hands up." NTD reported that body camera footage of the incident shows officers arriving at Dotson's home shortly before midnight, knocking at least three times and announcing themselves.
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. She was not injured and eventually realized the individuals outside were police officers.
She can be heard saying, "Help! Somebody shot my husband. Please! Please! My kids are upstairs." At the time, Farmington Police Chief Steve Hebbe described the incident as "an extremely traumatic event," stating, "All of us — the men and women of the Farmington Police Department — recognize the severity of this incident. We will do everything possible to more fully understand what transpired here."
He added, "Once again, we wish to express our condolences to the Dotson family and as your chief of police, I wish to convey how very sorry I am that this tragedy occurred."
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Comments
2025-05-28T18:21-0400 | Comment by: arthur
This is dead wrong, I lived in N.M. for over 12 years a couple of decades ago, and it seems like nothing has changed. This is to me the same old horror story, rinse and repeat, of what I was very much used to seeing back when I lived there years back, and it used to happen all the time, and if space allowed, I would tell you a few stories, and verifiable ones at that. Horrible shame that this kind of thing is still happening and they are still getting away with it...
2025-05-29T23:59-0400 | Comment by: Chris
It was an accident. A tragedy that a death occurred for no justifiable reason. But nobody was at fault, and every body was at fault. In life, these things will occasionally happen. It is nobody's fault really but the family should receive some compensation for a wrongful death, even though there was no intention for anyone to die.