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KTSM News – Jury rules in favor of Las Cruces Police in ‘excessive force’ civil suit

Posted on January 21, 2025

EL PASO, Texas (KTSM) — A jury ruled in favor with the City of Las Cruces and Las Cruces Police Officers after a man filed a lawsuit against them claiming excessive force during an incident back in July 2022, according to the City of Las Cruces.

The City says Erick Lopez, 32, filed a lawsuit in Third Judicial District Court claiming that three Las Cruces police officers and a sergeant “used excessive force and battered him” when taking him into custody on July 3, 2022. Lopez’s attorneys were seeking $1 million in damages in the civil suit.

As a result of the verdict, the City is not liable for damages and will pay nothing.


$20M settlement reached in Las Cruces officer-involved shooting

The City says officers were dispatched to the 1200 block of Monte Vista Avenue that Sunday due to a report that Lopez was damaging property within the neighborhood.

Once officers arrived, Lopez was holding a “bloody knife” and appeared to have a firearm in his waistband which was later determined to be a replica pellet gun, the City said. During the interaction with police, Lopez placed his hands directly over the weapon several times.

The City says officers used “less-lethal force” and took Lopez into custody with no gunshots fired.


Las Cruces OKs revenue bonds for settlement in officer-involved shooting

The civil trial began Monday, Jan. 6 and the case was sent to the jury on Friday, Jan. 10. That same day, the jury reached a verdict and found that officers did not use excessive force and they did not commit battery against Lopez, the City said.

“When an officer makes a mistake, there is accountability. Just as important, when an officer does their job, we will stand behind them all the way to the finish line,” said Las Cruces Police Department Chief Jeremy Story.

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