Citing a civil rights claim in the lawsuit brought by the father of a 17-year-old boy who was shot and killed by a Duluth police officer, the city has filed notice to move the case from state to federal court.
Anthony Carl is suing the city -- alleging negligence -- on behalf of his late son Joseph "Joey" Carl, 17, who was shot and killed near his Norton Park home on Aug. 5, 2010. Joey Carl was shot by the officer who had just brought him home after he attacked the officer's squad car with a baseball bat.
The civil lawsuit names the city of Duluth as defendant, but does not name the officer who shot Carl.
"When we look at this case and the allegations that have been made, and we look at the law and our defense options, we feel that the federal court is a better venue for the city of Duluth to defend this matter in," said City Attorney Gunnar Johnson, who declined to elaborate.
Robert Kaner, the Duluth attorney representing Carl, declined comment Tuesday, saying he hadn't seen the notice of removal to federal court.
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According to the Legal Information Institute at Cornell University Law School, generally, any civil action brought in a state court of which the district courts of the United States have original jurisdiction may be removed by the defendant to the U.S. District Court for the district and division embracing the place where such action is pending.
An independent review of the shooting by the Scott County Attorney's Office cleared the officer of any wrongdoing and determined that the use of deadly force was justified.
A police video of the incident showed the juvenile striking the squad car with 10 swings of the bat, shattering the windshield and breaking out the driver's-side window where the officer was belted into his seat.
The officer told investigators he believed Carl was trying to kill him. The officer had his gun drawn as Carl swung the bat. On the video the officer can be heard yelling, "Put it down! Put it down!" Then there's a pop.
The officer fired one shot from his Smith & Wesson Military and Police .40-caliber handgun, striking Carl under his left arm pit. The officer told investigators that Carl still had the bat in one hand while grabbing his chest with the other hand. The officer twice told the teenager to drop the bat. He said Carl dropped the bat, staggered and fell to the ground.
The entire altercation lasted 27 seconds. The officer immediately requested an ambulance and provided first aid and CPR to Carl. The teenager died at the scene.
