FORT WAYNE, Ind. (WOWO): An appeal by a Fort Wayne police officer in an excessive force lawsuit has been denied by a federal judge.
The Seventh Circuit of the U.S. Court of Appeals dismissed Daniel Hartman’s appeal Tuesday.
Anthony Gant sued the city of Fort Wayne and three officers over a 2015 shooting, saying he was the victim of excessive force and was denied immediate medical care.
Earlier, a judge removed the city and two officers from the lawsuit in 2018. Hartman was cleared of any criminal wrongdoing in the shooting, but he was not removed from the lawsuit. Gant and another man pleaded guilty to robbing a Dollar General store.
Hartman claimed that Gant was holding a gun and was preparing to shoot, but it was later found that Gant was not holding a handgun or anything in his hand. Gant says he was shot immediately exiting the store and was not given an opportunity to surrender. Gant claims that Hartman violated his Fourth Amendment rights by using unconstitutional excessive force in the shooting.
The court ruled dismissed Hartman’s appeal to the lawsuit, saying his argument “relies on disputed facts and he has not presented sufficient evidence to ‘utterly discredit’ the district court’s findings.”
The full decision can be read here.