Fayetteville dismissed from wrongful death lawsuit filed by family of woman slain by police
A federal judge recently dismissed the city of Fayetteville from a wrongful death lawsuit filed by the family of a mentally distraught Fayetteville woman shot and killed by police in 2022.
On Dec. 1, U.S. District Court Judge James C. Dever, III granted the city’s motion to dismiss, leaving the only named defendants as Fayetteville police officers Sgt. Timothy Rugg and Officer Zacharius Borom.
In its motion, the city successfully argued that it is immune from civil liability and it can’t be sued solely based on an employee's deprivations of someone’s civil rights.
Rugg and Borom stand accused of depriving Jada Johnson of her civil rights by use of excessive force when she was shot and killed in her grandfather’s Colgate Drive living room after the family called police for help.
According to court records, Police Department news releases, the civil complaint and statements from Johnson’s family, the Fayetteville-born 22-year-old mother was in the throes of a manic episode in July 2022 when she repeatedly called 911, fearing her ex-boyfriend — who had a documented history of violence — was going to kill her. During their time at the house, and while knowing Johnson had just been released from treatment for mental health issues, the officers agreed to call for paramedics, sent paramedics away, called paramedics again and threatened to arrest Johnson for misusing 911.
Then, when Johnson produced a gun and threatened to shoot herself, she was tackled, and once on the ground, and with Rugg having her in "full control," the lawsuit alleges, Borom shot Johnson multiple times. The shooting happened in front of Johnson's 2-year-old daughter and grandparents Rick and Maria Iwanski, who brought the lawsuit to the courts.
"While Ms. Johnson was lying on her left side, with her back towards Defendant Borom, and fully secured by Defendant Rugg, Defendant Borom pulled out his firearm and immediately shot at Ms. Johnson’s back six or seven times," the complaint alleges.
The lawsuit claims that after being shot, Rugg cuffed Johnson when her arm twitched and Borom, who'd walked toward the front door to radio for backup, "sprinted back to the living room" after seeing Rugg move toward Johnson and fired again.
"Despite Ms. Johnson being fully secured by Defendant Rugg, actively bleeding on the ground from several gunshots, and with her back towards Defendant Borom, Defendant Borom shot at Ms. Johnson’s back nine or ten times more," the complaint states.
The lawsuit seeks more than $500,000 in damages.
Attorney General Josh Stein, whose Special Prosecution Section reviewed a state investigation into the shooting, found no wrongdoing on the part of the officers.
F.T. Norton can be reached at fnorton@fayobserver.com.
This article originally appeared on The Fayetteville Observer: Fayetteville dismissed from lawsuit filed by Jada Johnson family
