Family of man fatally shot by Dewey Beach police officer last year files federal lawsuit

The mother of Rodney Robinson is suing the Dewey Beach police officer who fatally shot her 21-year-old son last March, according to a wrongful death lawsuit filed in the U.S. District Court in Delaware on Monday.

It comes in the wake of a January ruling by the Delaware Department of Justice that found Officer Dylan Ebke was justified in using deadly force when he killed Robinson.

The federal civil action is against both Ebke and the town of Dewey Beach. Ebke is accused of using excessive force, wanton negligence, assault and battery. Dewey Beach is being sued for Monell liability, which essentially claims that Ebke's actions were in line with the Police Department's typical behavior.

BACKGROUND:Dewey Beach police officer 'justified' in deadly use of force that left man dead in March

Rodney Robinson was a Milford High School graduate, where he played on the football team.
Rodney Robinson was a Milford High School graduate, where he played on the football team.

"We look forwarding to proving the case in court and know justice will be served,” said Patrick Gallagher, the family's attorney.

The attorney for the town of Dewey Beach and the Dewey Beach Police Department declined to comment.

What does the lawsuit say?

Gallagher wrote in the complaint that Dewey Beach "has thumbed its nose at the Constitution’s prohibition against excessive force," citing a history of excessive force cases in the town and the supervisory role that officers accused of excessive force have held within the Police Department.

Because of this, Gallagher called a death like Robinson's at the hands of an officer "inevitable."

MORE:Friends, family of man killed by Dewey Beach police march for change, racial justice

The lawsuit also references a 2019 study of the Dewey Beach Police Department that found that, among other issues like understaffing, the department used to evaluate officers on whether they "shy away from physical confrontation" and had "a desire to not engage in stricter discipline or corrective action."

Robinson is asking for financial compensation from the town and officers for funeral expenses, mental anguish and lost financial support.

Send story tips or ideas to Hannah Edelman at hedelman@delawareonline.com. For more reporting, follow them on Twitter at @h_edelman.

This article originally appeared on Delaware News Journal: Dewey Beach police officer sued by family of man killed near Starboard