Lawsuit Against Dade Cop In Deadly Shooting Can Go Forward
Follow CBSMIAMI.COM: Facebook | Twitter
TALLAHASSEE (CBSMiami/NSF) — A federal appeals court has ruled that a lawsuit can move forward in the 2012 shooting death of a man by a Miami-Dade police officer.
A panel of the 11th U.S. Circuit Court of Appeals rejected arguments that a legal concept known as "qualified immunity" should lead to the dismissal of the case against police officer Miguel Carballosa.
The estate of David N. Alexis filed a lawsuit naming Carballosa as a defendant after a fatal shooting in October 2012 outside the home of Alexis' parents. Carballosa, who was assigned to a robbery intervention detail unit, was in an unmarked vehicle and confronted Alexis, who had gotten out of a car to unlock a gate, according to the appeals-court ruling. During the confrontation, Alexis was fatally shot.
The lawsuit alleges, in part, that Carballosa used excessive force and violated Atkins' constitutional rights.
Carbollosa argued that he is entitled to qualified immunity, which helps shield public officials from liability for incidents that occur during their duties.
A U.S. District court turned down his request for a dismissal because of qualified immunity, and a three-judge panel of the appeals court upheld that decision. "Construing the amended complaint in plaintiff's favor, we agree with the district court that plaintiff has alleged a plausible Fourth Amendment (constitutional) violation," the appeals-court ruling said.
The News Service of Florida contributed to this report.
