The three non-shooting officers involved in the death of Stephen Perkins in Decatur were dismissed from a federal civil rights lawsuit Tuesday.
U.S. District Court Judge Corey Maze dismissed the cases for the officers without prejudice, meaning the court will allow the plaintiff to replead.
“If Perkins did not have time to respond to Marquette’s verbal commands before Marquette shot him, then neither did the other officers,” the judge stated. “And if the non-shooting officers had no opportunity to intervene, they are entitled to qualified immunity.”
The court also dismissed the case against the City of Decatur which claimed City policy caused Perkins' death.
The judge stated Marquette did not kill Perkins out of negligence. However, the judge said in a 22-page opinion that he only dismissed part of the shooting officer’s case because the plaintiff had presented enough information to show the use of force was excessive and was possibly unjustified.
“Assuming these facts are true, Officer Marquette would not be entitled to qualified immunity because, when Marquette used deadly force, Perkins was neither trying to leave the scene nor posing a serious threat of physical harm to others,” the court said. “Nor did Marquette warn Perkins that he might use deadly force before he shot him.”
The wrongful death case against Mac Bailey Marquette, the City of Decatur and the non-shooting officers was dismissed.
The plaintiff, the widow of Perkins, will now have to amend her complaint. No deadline has been set for the repleading.
The judge will rule on the motion to dismiss by the towing company at a later date.
Perkins was shot on September 29, 2023, after a tow company tried to repossess his truck. An internal investigation found department policies were violated and three officers were fired.
Marquette is also charged criminally with murder in a state case.
All individuals are presumed innocent until proven guilty.
To connect with the author of this story or to comment, email erica.thomas@1819news.com.
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