Lawsuit Over 2012 NYPD Shooting Moves Forward

Associated Press/Rebecca Baker, New York Law Journal

Judge CastelNYLJ/Rick Kopstein

A judge has cleared the way for a trial of a civil rights lawsuit over a fatal 2012 Manhattan police shooting of an emotionally disturbed man.

Southern District Judge P. Kevin Castel on Tuesday denied the city's motion in Bah v. The City of New York, 13-cv-06690, seeking to dismiss claims of unlawful entry and excessive force by officers.

"Factual disputes exist between the parties, including as to Bah's location in relation to the [Emergency Services Unit] officers when the officers entered the apartment and whether Bah was still a threat to the officers when the fatal shot was fired," he wrote.

However, Castel granted the city summary judgment on Section 1983 claims for municipal liability and violations of due process, equal protection and state law negligence.

College student Mohamed Bah, an immigrant from Guinea, was shot in his home after his mother called 911. Police said they used a stun gun then shot Bah when he lunged with a knife.

Lawyers for Bah's family say there is evidence he was shot in the head at close range while lying on the floor.

Police have said the knife he allegedly used was contaminated in a warehouse flood during Superstorm Sandy.

The city's Law Department did not immediately comment.

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My Newman Ferrara colleagues -- Prof. Randolph McLaughlin, Prof. Debra Cohen, Danielle Sullivan & Frank Foster -- are fighting the fight on behalf of the Bah family.