Court allows suit over police shooting

A federal appeals court refused to dismiss a lawsuit against a former Louisville police officer Monday, saying he acted in "bad faith" when he fatally shot a 19-year-old man three years ago.

McKenzie Mattingly lacked justification to shoot Michael Newby in January 2004 during an undercover drug buy, the 6th U.S. Circuit Court of Appeals in Cincinnati said. The court's decision upholds a ruling by U.S. District Judge Charles Simpson, who allowed Newby's family to sue Mattingly.

In a unanimous opinion, a three-judge panel said Mattingly overreacted in shooting Newby as he fled from an undercover drug deal gone bad.

Garry Adams, an attorney for Newby's estate, said the ruling wasn't surprising and should allow the case to move toward a trial or settlement.

Messages left Monday for Mattingly's attorneys were not immediately returned.

Mattingly was charged with murder and later fired, but a jury cleared him of criminal charges after a high-profile trial in September 2004. Mattingly is white and Newby was black, and the shooting set off complaints of police brutality in Louisville's black community.

Mattingly had argued in court papers that the lawsuit should be thrown out because he shot an armed drug dealer who had threatened him. Police found drugs and a gun on Newby after the shooting.

Newby's mother, Angela Bouggess, alleges that Mattingly acted negligently. The lawsuit also names Louisville Metro government, saying the city failed to train Mattingly properly.

Bouggess' suit seeks punitive and compensatory damages "in amounts to be proven at trial." A trial date has not been set.