A Mississippi family will hopefully receive the justice they have been waiting three years for after a federal judge denies the city of Southaven’s request to dismiss the case involving a man killed by a Southaven Police officer while serving a warrant at the wrong house.

In 2019 the city claimed Ismael Lopez didn’t have any constitutional rights since he was an undocumented worker.

Its been a year since Ismael Lopez’s widow stood before cameras expressing the hurt she felt over the city of Southaven wanting to drop her husband’s wrongful death lawsuit her attorneys filed against the city.

Former Attorney Aaron Neglia represented Lopez’s wife and family.

Neglia said the three-year-old case is similar to a recent incident that went national.

“I would say this is the first Breonna Taylor this happened in 2017. Ismael Lopez was in his house in bed with his wife on a Sunday night,” Neglia said.

The city claimed Ismael Lopez didn’t have any constitutional rights because of his status as an undocumented worker.

A federal judge in Oxford dismissed the city’s motion claiming the 4th amendment did not protect Lopez from police illegally searching or entering his home.

In September of 2019, we told you attorneys represents Lopez’s family found the language hateful.

Neglia said Lopez’s wife is pleased to see the judge decide on their favor.

“She’s very happy with this. She’s still very hurt adjusting to life and murder of her husband. It’s a senseless murder,” Neglia said.

Neglia said the city of Southaven will have 21 days to answer the lawsuit.

“They blew this just as simple as that and they need to own up to it. Now that these motions were denied we will be able to move forward,” Neglia said.

source: https://www.fox13memphis.com/archives/ms-judge-denies-request-to-dismiss-case-against-southaven-police-in-shooting-death-of-undocumented/article_c3977b88-58d3-5202-8d1e-c2c236e5dfbc.html