SOUTHAVEN, Miss. (WMC) – A judge has denied Southaven’s motion to dismiss the case of Ismael Lopez, a man who was killed by police after they arrived at the wrong house in July of 2017.
Over a year ago, Lopez’s attorneys and spouse Claudia Linares filed a lawsuit against the city of Southaven, the Southaven Police Department and its officers.
“We’ve been waiting on this ruling for a significant period of time,” said Michael Carr – one of Linares’ attorneys.
Lopez was shot and killed by Southaven police officers at his home in 2017.
Officers were serving a warrant for someone else and went to the wrong house on the day Lopez was killed.
Wednesday Judge Neal Biggers denied the City of Southaven’s request to dismiss the case.
“The city and the officers have been doing everything possible to delay this matter of justice and we’re excited,” said former attorney Aaron Neglia.
According to court documents, Southaven wanted to dismiss the case based on “lack of standing” for Linares and Lopez’s Administrator of Estate Edward Autry.
The city says Autry’s appointment as administrator of estate was fraudulent and that Linares “has no standing to bring this action ‘due to her status as a common law only claimed marital relationship.’”
The city also mentioned that Lopez is not covered by the U.S. Constitution due to his immigration status.
Court documents show Lopez and Linares are married under common law. The state court also found that Autry was the fit and appropriate person to handle the estate.
The judge also ruled that the protections of the constitution extends to those who are not U.S. citizens, documented, etc.
The order denying the motion to dismiss can be read below:
“He clearly and unequivocally said that the constitution does protect everybody no matter what your legal status, no matter what your gender, no matter what your age, etc.,” attorneys said.
Linares is ecstatic about the ruling but knows there is a long way to go until justice is served.
WMC Action News 5 reached out to both the Southaven Mayor as well as the Southaven Police Department about this ruling, but neither responded to our request for comment.
source: https://www.actionnews5.com/2020/10/01/judge-denies-southavens-motion-dismiss-ismael-lopez-case/