Judge Dismisses Part of Police Shooting Lawsuit

By Nina Settappa

Judge Dismisses Part of Police Shooting Lawsuit

June 18, 2010 Updated May 12, 2008 at 7:09 AM EDT

FORT WAYNE, Ind. (AP) - It will be up to a jury to decide whether Fort Wayne police officers used excessive force when they fired tear gas into and stormed an apartment where a suicidal man was holed up with a gun.

But a federal judge has dismissed legal claims against the officers who fatally shot 28-year-old Rudy Escobedo, saying they acted reasonably when the troubled gunman pointed his weapon at them in 2005.

The judge dismissed parts of a lawsuit by Escobedo's estate, including a wrongful death claim against the city.

But she said part of the suit could continue to jury trial because there was no evidence that Escobedo posed an "immediate threat" that would have justified the use of tear gas.

(Copyright 2008 by The Associated Press. All Rights Reserved.)

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