DENVER—Calling the actions of a 911 operator “conscience shocking,” a federal judge refused to dismiss civil rights claims by the family of a Sudanese refugee who was shot to death after a 911 operator told him to return to Denver from a neighboring suburb to settle a traffic dispute.
U.S. District Judge Robert Blackburn ruled Monday that the lawsuit over Jimma Reat’s death in 2012 meets the requirements for a federal lawsuit after a magistrate recommended that the federal court dismiss civil rights claims, which would have resulted in the lawsuit being heard in state court.
A state court would not be able to consider whether the actions violated Reat’s constitutional rights.
A lawyer for the victim’s family said there is ample evidence the operator knew he created a danger for Reat and other passengers in the vehicle, which makes it a federal case.
The family of Reat, a Sudanese refugee, sued the former 911 operator, Juan Jesus Rodriguez, and the city and county of Denver, over his death in 2012.
Reat, his brothers and a friend called 911 to report they had driven outside city limits after being attacked by a carload of men who threw bottles at them, screamed racial slurs and brandished a gun.
Rodriguez told them they had to return to Denver to report the incident to police. Before police could arrive, the other men spotted Reat’s car and shot him.
No arrests have been made in the shooting, which police say was likely gang-related. The investigation continues.
A lawyer for Rodriguez, Tom Rice, said he is considering an appeal of Blackburn’s order to the 10th U.S. Circuit Court of Appeals on grounds that as a government employee, the 911 operator is protected from liability.
Blackburn’s order isn’t a finding of wrongdoing by his client, Rice said. At this point, the judge is simply accepting that the story told in the lawsuit is true and meets standards for a hearing in federal court.
Blackburn dismissed claims that the city was deliberately indifferent to the need to train employees properly and that Denver had a policy of letting operators place 911 callers in danger.
Reat helped support his family and had years of gainful employment ahead of him, said John Holland, a lawyer for the family. He said the family deserves compensation.
“In state court, the estate wouldn’t have a claim, which is the biggest claim in the case,” Holland said.
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Information from: The Denver Post,
