Raupheal Thomas

AKRON, Ohio -- A federal judge has limited the scope of a lawsuit filed by the family of a man who was armed when an Akron police officer shot and killed him during a 2014 encounter.

U.S. District Judge John Adams wrote in an opinion last week that a jury should decide whether Akron police Sgt. Joseph Danzy violated Raupheal Thomas' Fourth Amendment right against search and seizure. Danzy's stop involving Thomas, an Akron resident, led to a fight where Thomas pulled a gun and Danzy, who held the rank of officer at the time, fired two shots that killed Thomas.

The judge dismissed other claims, though, ruling Danzy's use of force was reasonable given the circumstances.

Part of the incident was captured on a dashcam, which Adams wrote that he watched.

(You can watch the dashcam footage above. You can read the opinion here or at the bottom of this story.)

Danzy shot Thomas, 29, on Nov. 3, 2014. He approached Thomas and his friends after receiving a report of suspicious behavior in a neighborhood that recently saw some break-ins. Thomas and his friends were on the side of Orlando Avenue near Orrin Street because their car had a flat tire and they were waiting while the driver took the car to a gas station, according to Adams' opinion.

Danzy ordered Thomas to the back of his cruiser and ordered his hands out of his pocket, the opinion says. Officer Edward Stewart, who arrived shortly after Danzy did, put Thomas' left wrist on the cruiser, but Thomas struggled while Danzy patted him down. Danzy used his Taser on Thomas but Thomas was undeterred.

A fight between Danzy, Stewart and Thomas broke out and Thomas drew his pistol and fired, Adams wrote. Thomas broke free and ran, and Danzy fired twice and at Thomas, who still had his gun. Thomas succumbed to his injuries.

Thomas' family filed suit in 2015, claiming the officers violated Thomas' constitutional rights during the stop and shooting. The city of Akron and the officers sought to dismiss the case.

Adams wrote the illegal "stop and frisk" claim that Thomas' family brought should go to trial. The officers argued that Thomas took a "bladed" stance and moved abruptly when approached, but Adams wrote the dashcam footage shows Thomas turning around and walking away from Danzy.

Adams wrote that he was not fully convinced the officers had "reasonable suspicion" to stop Thomas. While there were reports of several recent break-ins, Thomas and his friends provided a reasonable explanation as to why they were there, the judge said. He also denied Danzy immunity from the lawsuit

"Upon Officer Danzy's arrival, Thomas and (his friend) both indicated that car trouble had left them in the neighborhood. These underlying facts, coupled with Thomas' actions in having his hands in his pockets and attempting to walk away from the officers, are insufficient for this Court to say as a matter of law that reasonable suspicion existed to justify Thomas' stop and frisk by Officer Danzy," Adams wrote.

Adams said, though, that the force Danzy used was reasonable once Thomas struggled with the officers. This is because Thomas had a pistol, a fight broke out and Thomas fired, according to the opinion.

The judge also dismissed claims that the officers were indifferent to Thomas' medical needs and that the Akron Police Department failed to train and supervise its officers.

Nicholas DiCello, an attorney representing Thomas' family, said he is still evaluating the opinion and considering the family's options. He anticipates that both he and the city will appeal Adams' opinion.

Ellen Lander Nischt, spokeswoman for Akron Mayor Dan Horrigan, said in a statement Wednesday that "the outcome of the encounter is undeniably tragic, however the City has always maintained that the actions of Sergeant Danzy did not violate constitutional principles."

From a criminal standpoint, Summit County Prosecutor Sherri Bevan Walsh ruled Danzy's shooting of Thomas justified in July 2015. Her report said the 6-foot-4-inch, 264-pound Thomas was high on methamphetamine as he fought with neighborhood residents and eventually the police.

Thomas was the father of a young daughter and had several felony convictions.

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