Colorado police shot and killed a man who was trying to take out a shooter.
The mother of the Good Samaritan has filed a lawsuit.
The officer was cleared of wrongdoing by prosecutors.
The mother of a Good Samaritan who was fatally shot by police after he took down an active shooter has filed a lawsuit against the officer responsible and the city's police chief.
Ronald Troyke opened fire in a Colorado shopping and entertainment district, killing a police officer and wounding two other people before being shot dead by Johnny Hurley. The lawsuit states that he picked up the Troyke's rifle to remove the magazine. An officer from the Arvada Police Department shot and killed Hurley when he held the rifle.
Kathleen Boleyn filed a wrongful death lawsuit in Colorado this week, claiming that the officer responsible should have known that her son was not an active shooter because he and Troyke were wearing different clothing.
According to the lawsuit, when the incident began, Brownlow and several other officers heard gunshots and saw Troyke from the window of a police administrative office, carrying a long gun and wearing a black shirt and hat.
The lawsuit alleged that the three APD officers did not respond to the situation. They chose self-preservation over defense of the civilians.
Brownlow resigned from the department in good standing, according to the statement from the police department. After an internal review, the APD found that Officer Brownlow's actions were in line with the policies and procedures of the APD.
Colorado prosecutors decided not to prosecute Brownlow over the shooting. The District Attorney said that Brownlow's actions were justified despite his heroic actions.
Brownlow was aware that the active shooter was wearing black, but he thought that the second active shooter, who was dressed in red, could have been him.
"From the information available to Officer Brownlow, John was armed with a powerful rifle and handgun in a populated area," they wrote.
Boleyn's lawsuit said that his death was the result of a deliberate and unlawful use of force.
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