Federal Judge Dismisses Brooklyn Center Wrongful Death Suit
A federal judge has dismissed a wrongful death lawsuit against the city of Brooklyn Center in the fatal shooting of Kobe Dimock-Heisler.
Brooklyn Center police officers shot and killed 21-year-old Dimock-Heisler during a domestic incident in 2019.
According to court documents, Dimock-Heisler — who was on the autism spectrum — had threatened his grandfather with a knife and a hammer. His grandfather called the police, who arrived at their home.
After officers entered the home and spoke with Dimock-Heisler, a scuffle ensued. Court documents show Dimock-Heisler drew a knife hidden in the living room couch while officers attempted to tackle and fire Tasers at him.
Two officers fired gunshots at Dimock-Heisler, ultimately killing him.
Dimock-Heisler’s mother, Amity Dimock, filed a federal wrongful death lawsuit against the city of Brooklyn Center, as well as the individual officers involved in the incident.
Kobe Dimock-Heisler was fatally shot by police officers during a domestic incident in 2019. A federal judge has dismissed a lawsuit his family brought against the city of Brooklyn Center and the officers involved in his death.
Lawsuit Dismissed, Citing Qualified Immunity
Along with the wrongful death claim, the lawsuit alleged officers used excessive force, violated the Americans with Disabilities Act and the Minnesota Human Rights Act, displayed deliberate indifference and conducted an unlawful search.
Each of these claims were dismissed by a federal judge, who said the officers were entitled to qualified immunity.
“The doctrine of qualified immunity protects state actors from civil liability when their ‘conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.'” wrote Judge Donovan W. Frank, citing case law.
In other terms, “‘When properly applied, qualified immunity protects all but the plainly incompetent or those who knowingly violate the law,’” Frank wrote.
Dimock has spoke in favor of police reforms in Brooklyn Center since her son’s death. She was an original member of the city’s police reform committee started in the wake of the fatal shooting of Daunte Wright.
“This ruling in no way minimizes the loss that Kobe’s family has experienced,” Frank wrote in his decision. “This is a truly tragic situation.”
