Family of PTSD Veteran Can Sue After Police Shooting

Judge allows lawsuit against Maine officer who killed veteran to go forward
Bangor Daily News
By Judy Harrison, BDN Staff
Posted Oct. 06, 2015

PORTLAND, Maine — A federal judge has ruled that an excessive force lawsuit over the death of a troubled Army veteran may go forward but only against the officer, not the police chief or the town of Farmington.

The parents of a veteran suffering from post-traumatic stress disorder who was shot and killed nearly four years ago in front of the Farmington police station filed a wrongful death and civil rights lawsuit in 2013 against the town, Police Chief Jack Peck, and Ryan Rosie, the officer who shot and killed Justin Michael Crowley-Smilek on Nov. 19, 2011.

The Maine attorney general’s office in May 2012 found that Rosie was justified in shooting Crowley-Smilek, 26, of Farmington. The report said that Rosie took cover behind a police cruiser after Crowley-Smilek ignored demands that he take his hands out of his pockets. Rosie fired after the veteran took a butcher knife out of his pocket and charged at the officer.

The lawsuit, filed in November 2013 in federal court in Portland by Hunter Tzovarras, the Bangor attorney representing Crowley-Smilek’s parents, claimed that the veteran went to the Farmington police station the day he was killed to ask for help “regarding mental health services.”
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