Court Dismisses Lawsuit Involving Fatal Police Shooting Of Carl Dorsey In Newark

NEWARK, NJ — A federal judge has dismissed a lawsuit from the estate of a man who was fatally shot by police in Newark more than four years ago, raising a sharp outcry from local advocates.

Carl Dorsey III, 39, was fatally shot during an encounter with officers from the Newark Police Department just after midnight on Jan. 1 in 2021. He was unarmed at the time. Watch video footage taken at the scene here.

A state grand jury declined to file criminal charges against the police officer who shot Dorsey in 2023.

>> Read More: No Criminal Charges For Newark Cop Who Shot Unarmed Man, Jury Rules

The guardian to Dorsey’s three children filed a lawsuit against the City of Newark in U.S. District Court, alleging that the officer who shot him did so without justification while on patrol in plain clothes.

That lawsuit was dismissed last week, NJ Advance Media reported.

The People’s Organization For Progress (POP), a Newark-based civil rights advocacy group, criticized the decision in a statement issued on Wednesday.

“Once again Carl Dorsey and his family have been denied justice – first, the failure of the system to bring charges against the officer who killed him and now this,” POP chair Lawrence Hamm said.

“Once again it appears that there are no consequences when a policeman takes the life of an innocent man,” Hamm said. “This is an abominable decision.”

Hamm said Dorsey’s killing sparked protests from his family members, local residents and anti-violence groups.

“Many of us believe that police will continue to unjustly kill people as long as they know they are probably going to get away with it, that the system will protect them, and that there will be no price to pay for the taking of an innocent life,” he said.

• See related: NJ Family Files Lawsuit After Fatal Police Shooting In Newark

The judge ruling on the case said the city has made improvements since signing a landmark federal consent decree in 2016, which involved longstanding allegations that the Newark Police Department “eroded public confidence” by unconstitutionally harassing minority residents – particularly African Americans.

As part of the consent decree, Newark agreed to make a sweeping series of reforms to its police department, including training, use-of-force policies, community outreach and disciplinary procedures – which many advocates in the community have cheered over the past seven years.

• See Related: Newark Will Take $12M From Police, Reinvest In Social Services
• See Related: Newark Now Requires Most Plainclothes Cops To Wear Body Cameras
• See Related: Obama Praises Newark's Efforts To Stop Violence By Boosting Its Youth

But according to Hamm, that isn’t a reason to drop the case.

“In her ruling it seems that the judge is saying that since the Newark Police Department has been under a consent decree and has shown improvement in its policies and practices and that somehow this should exempt it from being held accountable for Mr. Dorsey’s death,” Hamm said.

“Because there has been improvement does not necessarily mean the problem has been eliminated,” he said. “This is like saying because the U.S. passed the Civil Rights Act and Barak Obama, a Black man, was elected president, that racial discrimination no longer exists or people should not be prosecuted for it.”

“Police brutality continues to exist in Newark, in New Jersey, and in the United States,” Hamm insisted. “In fact, it is getting worse in this country, not better.”

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