Man Shot, Injured by Cheyenne Police Loses Appeal
CHEYENNE, Wyo. (AP) - A federal appeals court has ruled that Cheyenne police officers were not negligent when they stopped and shot a man inside a vehicle while his infant son was in the back seat.
The 10th Circuit U.S. Court of Appeals decision affirms a ruling by a federal judge in favor of the city in 2015.
Mathew Carabajal had sued the city, alleging officers were negligent in how they stopped, seized and used force against him during the 2011 incident.
The lawsuit says Carabajal had to have brain surgery after the shooting. His son was not injured.
The officer who shot Carabajal, Joshua Thornton, was not charged after a Laramie County District Attorney's Office investigation.
Thornton told investigators he shot Carabajal to stop his car from advancing and injuring himself and another officer.