GREENSBORO, N.C. — A U.S. District Court Judge denied a motion to dismiss a case against a former Greensboro police officer.
Matthew Hamilton is the target of a civil lawsuit filed by the family of the man he's accused of shooting and killing while on duty.
The Guilford County Greensboro Grand Jury indicted now-former officer Matthew Hamilton in June 2022 in the shooting death of Joseph Lopez. On Wednesday, the officer's attorney's request to dismiss the case was denied.
The family of Joseph Lopez is suing both the former officer and the City of Greensboro for excessive force, liability and wrongful death.
In addition to not issuing a stay in the case that would have paused the lawsuit. A judge ruled Hamilton can not argue qualified immunity. The judicial doctrine protects government officials in our state from individual liability unless they violated a clearly established constitutional right.
In response to the lawsuit Hamilton claimed because he could not fully see Lopez, he was justified in firing his gun that night.
A judge disagreed ruling against immunity and saying "No reasonable officer should think that merely not being able to see someone justifies shooting them... the law of the fourth circuit requires much more than a fear of a possibility of a threat to permit use of deadly force."
Hamilton's lawyer tells WFMY News they plan to file an appropriate response in reaction to the judge's denial.
There are two separate lawsuits in this case: civil and federal.
Background:
In November 2021, police responded to a wanted person call at the house on Cloverdale Drive after the homeowner reported someone was trying to get into their home. Investigators said they found Lopez in a shed behind the home. When confronting Lopez, the Greensboro Police Officer's Association said Officer Hamilton shot him.
Greensboro police said the North Carolina State Bureau of Investigation (SBI) began its independent criminal investigation of the incident and Hamilton was placed on administrative duty at the time.
Officer Hamilton was indicted for the crime of manslaughter. The Greensboro Police Department (GPD) said Hamilton was fired as a result of the indictment.
As for the criminal manslaughter charge court documents show Hamilton's lawyers are also working to try and get it dismissed and hope for it to be heard by a judge sometime in the next 6 months.
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