Seattle, Washington — A federal judge has allowed Rose Johnson’s excessive force lawsuit to proceed, six years after her son was killed by a police officer during a controversial incident. U.S. District Judge Thomas Zilly has set a tentative trial date for September 15, following a decision by the 9th U.S. Circuit Court of Appeals that rejected claims of qualified immunity by Officer Christopher Myers, who has faced scrutiny in multiple shooting incidents.
The ruling marks a significant moment in a long legal battle for Johnson, whose son, Ryan Smith, was fatally shot as officers forcibly entered his home on May 8, 2019. Johnson described the experience of losing her son as a traumatic journey that no amount of time can ease. “Every day is a struggle, and the passage of time doesn’t lessen the pain of losing Ryan,” she said.
In her 2022 lawsuit, Johnson argues that Officer Myers acted with “willful and reckless” disregard for Smith’s rights, leading to his death. Alongside Myers, the lawsuit also names another officer and claims that the Seattle Police Department exhibited “deliberate indifference” by failing to provide necessary support to Myers, who has been involved in four fatal shootings since 2010. Myers has not faced any disciplinary action related to his shootings, despite previous evaluations questioning the validity of his justifications for the use of force.
The legal team for the officers had previously sought to dismiss the case, asserting that the officers could not be held liable as they believed Smith posed a lethal threat. They cited that there weren’t any precedents clearly indicating that their actions violated established legal standards.
On the night of the incident, a 911 call described a violent situation, stating that Smith threatened his girlfriend and was possibly injured. However, subsequent investigations revealed discrepancies in the information relayed to the police. Johnson alleges that the response to the call failed to follow proper de-escalation protocols, particularly given that one of the officers had familiarity with Smith’s mental health struggles from a prior visit to his home.
Footage from body cameras worn by the responding officers captured the tense standoff moments before the shooting. After entering the home, officers encountered Smith, who was holding a knife. Within moments of their commands, Myers fired eight shots, and a second officer discharged his weapon as well, ultimately striking Smith multiple times.
Johnson contends that her son was experiencing a mental health crisis that night, and the failure of officers to employ de-escalation strategies, despite prior knowledge of his issues, raises serious questions about police conduct. In a related appellate ruling, Judge William Fletcher noted that a reasonable jury could determine that Smith did not present an immediate threat.
The upcoming trial could open further discussions on police accountability, especially as national conversations around qualified immunity continue. Johnson hopes her case will prompt necessary changes within law enforcement to prevent similar tragedies in the future.
As the legal proceedings progress, another hearing is planned for July 18. The defense is expected to pursue a delay of the trial, which is projected to span five to ten days.