Judge refuses to toss out elderly man’s lawsuit against Lubbock - KCBD NewsChannel 11 Lubbock

Judge refuses to toss out elderly man’s lawsuit against Lubbock police

Willie Williams Willie Williams
LUBBOCK, TX (KCBD) -

Lubbock police asked a judge to toss out a lawsuit filed by then 90-year-old Willie Williams who claims excessive force related to a shooting incident last year. But a federal judge in Lubbock said ‘no' on Monday.

Williams, now 91, claims police fired on him in his own apartment as they were responding to a burglary that was reported next door to him. Williams claims he heard someone breaking into his apartment so he grabbed a shotgun for self defense.

Police mistook Williams' apartment for the one next door. Officer Curtis Fish claims in court records that Williams fired first and he returned fire. Williams claims it was the other way around.

Either way a grand jury cleared Williams of criminal charges.

The judge refused to let Fish have protection under a legal concept called "qualified immunity." The concept is meant to protect officials from being sued unless they're incompetent or knowingly in violation of the law.

The judge ruled that there are too many disputed facts to allow the officer to have qualified immunity. The judge was very clear to say in his ruling that he was not deciding who was right or wrong, only that the case has factual disputes and therefore the lawsuit stays on track to be presented to a jury.

Copyright 2012 KCBD. All rights reserved.

  • Local News on KCBD.comNewsMore>>

  • Judge tosses $417M award against Johnson & Johnson

    Judge tosses $417M award against Johnson & Johnson

    Friday, October 20 2017 10:32 PM EDT2017-10-21 02:32:33 GMT
    Saturday, October 21 2017 8:54 PM EDT2017-10-22 00:54:44 GMT

    A Los Angeles judge has tossed out a $417 million jury award to a woman who claimed she developed ovarian cancer by using Johnson & Johnson baby powder for feminine hygiene.

    A Los Angeles judge has tossed out a $417 million jury award to a woman who claimed she developed ovarian cancer by using Johnson & Johnson baby powder for feminine hygiene.

  • Fox renewed O'Reilly contract despite knowing of allegations

    Fox renewed O'Reilly contract despite knowing of allegations

    Saturday, October 21 2017 4:43 PM EDT2017-10-21 20:43:05 GMT
    Saturday, October 21 2017 8:54 PM EDT2017-10-22 00:54:43 GMT

    Fox knew of sexual harassment allegations against Bill O'Reilly when it renewed host's contract in February months before ousting him.

    Fox knew of sexual harassment allegations against Bill O'Reilly when it renewed host's contract in February months before ousting him.

  • Funeral held for US soldier at center of Trump fight

    Funeral held for US soldier at center of Trump fight

    Saturday, October 21 2017 9:22 AM EDT2017-10-21 13:22:50 GMT
    Saturday, October 21 2017 8:54 PM EDT2017-10-22 00:54:41 GMT

    Mourners are expected to pack the funeral of a U.S. soldier whose combat death in Africa led to a political fight between President Donald Trump and a Florida congresswoman.

    Mourners are expected to pack the funeral of a U.S. soldier whose combat death in Africa led to a political fight between President Donald Trump and a Florida congresswoman.

Powered by Frankly