While Peterson decided to remove the city, he noted that the ruling is “not an endorsement of the investigation of the Robinson shooting.”

The state Division of Criminal Investigation investigated the shooting, and Dane County District Attorney Ismael Ozanne said Kenny’s shooting of Robinson was lawful. An internal review of the incident by the Madison Police Department cleared Kenny of violating department policies.

Peterson denied Kenny’s request for dismissal as the facts of what happened when he confronted Robinson in the stairwell are “sharply and genuinely disputed.”

Kenny was the first officer to respond to the Near East Side apartment after reports that Robinson ran into the street and battered two people before returning to the residence. Kenny entered the apartment’s stairwell after he thought he heard someone being assaulted, though Robinson had been alone.

Kenny told investigators he was in fear for his life when Robinson, who had used hallucinogenic mushrooms and other drugs, struck him in the narrow stairwell.

Irwin argues Kenny disregarded police policy by entering without backup and lied by being able to craft his version of events while examining the scene and listening to audio recordings before giving a formal statement to investigators.