SPOKANE -- A federal judge dismissed the city of Spokane from a lawsuit filed by Shonto Pete. He is suing for damages stemming from a late night shooting back in 2007 involving former Spokane police officer Jay Olsen. A federal judge ruled the city of Spokane is no longer liable for Pete's injuries or medical bills.
Pete was shot in the head with a police-issued gun near Peaceful Valley. Olsen, who was off-duty at the time, claimed Pete tried to steal his car. Both men were drunk and were later cleared of any crime.
After Friday's hearing, Jay Olsen did not stick around long. He declined to speak, as did his attorney Rob Cossey. But Pete says he is upset. The city's contention was simple. When Jay Olsen shot Shonto Pete, he was a private citizen. He was not the city's problem.
"Police officers, like everyone else has a private life, act as citizens. When they do so, they are not under civil rights acting on behalf of the city or law enforcement agency," said Spokane city attorney Rocky Treppiedi.
Shonto Pete's attorney's said even though Olsen did not say he was an officer, he acted like one. But Judge Edward Shea agreed with the city. But Pete says there are unresolved issues.
"The only thing I was concerned with that night was a guy chasing me with a gun trying to kill me," said Pete.
His attorney's are deciding whether to appeal, and whether to sue Olsen.
