Judge rejects motion from former trooper being sued after shooting man in the back
BATON ROUGE - A federal Court has rejected a move by a fired LSP trooper seeking summary judgment on a lawsuit that accuses her of using excessive force when she shot a 19-year-old man in the back, paralyzing him.
Kasha Domingue would eventually plead guilty to a misdemeanor count of obstruction of justice, settling the criminal case against her, and her dismissal was upheld by the Louisiana State Police Commission in October.
But the victim -- Clifton Dilley -- has also sued, alleging that the gunfire was unnecessary, and accusing Domingue of "fabricat(ing) a completely false account" of what happened, claiming she called in the shooting using a certain police code that indicated she used her Taser, not a gun.
The WBRZ Investigative Unit has been following the case since the shooting in July 2018, reporting that neither Domingue's body camera nor dash camera were working at the time.
The two parties dispute some aspects of the events that took place following a traffic stop on Perkins Road.
In clearing the lawsuit to proceed, Judge Brian Jackson ruled that Dilley "has established a fact dispute regarding whether Trooper Domingue used excessive force when she shot him, and that when Trooper Domingue discharged her service weapon the law clearly prohibited deadly force absent a significant threat."
The lawsuit names Domingue and the LSP as defendants.
Jackson has set a trial for next summer.
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