10th Circuit dismisses negligence claim against tribal officers in southern Colorado shooting

The actions of tribal police in shooting a man who mistook officers for brawling house guests did not meet the criteria for negligence under federal law, the U.S. Court of Appeals for the 10th Circuit ruled on Friday.

In December 2012, Anthony Martinez was hosting a party at his father's house in southwest Colorado when a fight erupted between guests. Martinez forced the combatants outside, where the fight ended. After leaving for a time, two of the guests returned around 1 a.m. with additional family members. Martinez punched one of them, prompting another physical altercation, according to records.

Southern Ute Police Department Officers Cheryl Herrera, Matthew Mitchell and Patrick Backer responded to a call for service. By the time Mitchell and another officer arrived at the house near Ignacio, the fight was over. The two left around 1:30 a.m., but Herrera and Backer, who had spoken to other parties since the report, decided to check on one of the women allegedly hit in the dispute. Reportedly, she was still at the Martinez residence.

https://www.coloradopolitics.com/news/10th-circuit-dismisses-negligence-claim-against-tribal-officers-in-southern-colorado-shooting/article_26c71e28-c85d-11ea-aabc-9b11be602bdc.html