Judge dismisses lawsuit from parents of "Stop Cop City" activist killed by Georgia state troopers
A federal judge has dismissed a lawsuit filed by the parents of an environmental activist fatally shot by Georgia state troopers near the site that is now the Atlanta police training facility over his death.
Manuel Paez Terán's family filed the lawsuit over a year ago, claiming that state troopers used excessive force against the 26-year-old when they fired pepper balls into the protester's tent after Paez Terán refused to leave on the morning of Jan. 18, 2023. Authorities said Paez Terán then shot at the troopers from inside the tent, wounding one of them and prompting the troopers to return fire, killing the activist who went by the name of Tortuguita.
In his order, which was filed on Monday, U.S. District Judge Steven Grimberg ruled that the troopers' use of deadly force was "objectively reasonable," they did not violate Paez Terán's constitutional rights, and the activist's family does not have the ability to claim wrongful death damages.
"Because Paez Teran initiated gunfire with the GSP officers, Plaintiffs cannot maintain that Defendants' actions were the proximate cause of the use of deadly force that ultimately ended the decedent's life," Grimberg wrote. "Thus, Plaintiffs' proposed amended complaint fails to state a claim for wrongful death."
The family's lawsuit had sought to bring claims against the troopers under the argument that their attempt to arrest Paez Terán violated the Fourth Amendment. Grimberg denied that claim as well, writing that the troopers had reason to believe the activist was trespassing by camping overnight on the land.
Grimberg also denied the family's attempt to file an amended complaint.
Tortuguita's death sparks protests and demands for answers
The killing of Paez Terán, who used the "they" pronoun, was a galvanizing moment for the "Stop Cop City" movement, with activists across the world holding vigils and painting murals in honor of Tortuguita, who friends said was dedicated to helping others and protecting the environment.
Paez Terán's parents have complained that the Georgia Bureau of Investigation has refused to give them answers about the events surrounding his death. The agency has said the shooting was not recorded on body cameras.
In October 2023, prosecutors declined to prosecute the six state troopers involved in the shooting, saying that their use of deadly force was reasonable. Investigators have also said ballistics evidence shows the injured trooper was shot with a bullet from a gun Paez Terán legally purchased in 2020. While the prosecutor shared a 31-page report detailing his analysis, he declined to release the underlying evidence.
Following the killing, the family commissioned an autopsy that concluded that Paez Terán was sitting cross-legged with their hands in the air when they were shot 13 times.
The Atlanta City Council approved building the 85-acre, $115 million Atlanta Public Safety Training Center in 2021, saying a state-of-the-art campus would replace substandard offerings and boost police morale, which is beset by hiring and retention struggles in the wake of violent protests against racial injustice that roiled the city after George Floyd's death in 2020.
Despite protests and an attempt to put the training center up for a vote, the facility officially opened in 2025.
The Associated Press and previous CBS News reporting contributed to this report.
