Judge Tosses Lawsuit Against Dearborn, Officer In Deadly Shooting

DEARBORN, MI — A federal court threw out a lawsuit against the City of Dearborn and a Dearborn police officer in connection to a December 2022 deadly shooting that happened in the police station's lobby.

Police said a 33-year-old man walked into the Dearborn Police Department's lobby on Dec. 18, 2022 at 3:30 p.m. with a concealed 9mm handgun and tried firing shots at a police officer behind the front desk, but the gun malfunctioned, police said.

The officer then fired multiple rounds that struck the attempted shooter, who was taken to a nearby hospital where he later died, police said.

U.S. District Judge F. Kay Behm said in her decision that the officer involved in the shooting witnessed a clear threat to himself and others as a man entered the lobby and, without warning, pointed a gun at the officer, pulled the trigger, and then attempted to correct his malfunctioning gun.

Moreover, the judge determined that the officer’s use of deadly force against the individual “was not excessive," and that if he had not acted, he "would have left an armed man who appeared willing to use his firearm alone in the police station lobby where members of the public, other officers, and staff could enter at any moment."

The Court also underscored the importance of the officer's actions "to protect the public, given that a member of the public could have entered the police station lobby at any time on a busy Sunday during a Christmas toy drive while [the individual] was armed and actively trying to discharge his weapon."

"We are grateful for the Court’s thorough review of the facts in this tragic case by Judge Behm. This decision reaffirms the fact that the officer put his life at great risk to stop an immediate threat to himself, his fellow officers, and the general public during a busy afternoon in our lobby. While we welcome the Court’s decision, our thoughts remain with the family of the deceased, and the officers that were present that day," Dearborn Police Chief Issa Shahin said.

View the surveillance footage in the video below. WARNING: The video may be disturbing to some viewers.

Police said hours before the shooting, the 33-year-old man went to his former workplace on Warren Avenue and took a 9 mm handgun from behind the register at 3:30 p.m.

He put the handgun in his pants and left the building, police said.

He then parked a black SUV directly in front of the police station's lobby, where there is a no-parking zone, police said.

Moments later, the man walked into the police station's lobby and the officer behind the front desk acknowledged him and asked how he was doing, police said.

The man then pulled out the handgun and aimed it at the officer, repeatedly pulling the trigger, police said.

The officer then yelled "gun" numerous times, police said.

When the gun malfunctioned, the gunman tried fixing the problem by removing the magazine, then putting it back in the gun and attempting to rack the gun’s slide, police said.

As the gunman tried fixing the handgun, the officer fired 17 shots within five seconds at the gunman, police said.

The gunman dropped to the ground without firing any shots, police said. Police do not know how many shots struck the gunman.

Although the video doesn't show any civilians inside the police station at the time of the shooting, Dearborn Police Chief Issa Shahin said the building was busy that day with people and families stopping in, especially due to a toy drive taking place in the lobby during the holiday season.

Shahin said the police officer who shot the armed man was acting within his training and guidelines for handling lethal threats.

"The officer has a duty to protect the public, and his fellow officers, when faced with an active gunman," Shahin said.

Police did not determine a motive behind the gunman's attempted shooting. Shahin said the man had two prior contacts with Dearborn police, but that neither was criminal.