Judge Recommends Wrongful Death Civil Suit Naming Mpls. Officers be Dismissed

Updated: 08/17/2013 11:40 AM KSTP.com By: Cassie Hart

A federal magistrate judge has recommended the wrongful death civil rights lawsuit against several Minneapolis police officers, including one of the officers currently on leave for his alleged role in using racial slurs off-duty at a drunken altercation in Green Bay, be dismissed.

In a filing Friday afternoon, magistrate judge Jeanne J. Graham wrote that the case should be dismissed because the family of the man shot and killed by police, Ahmed Guled, has failed to litigate the case.

Officer Shawn Powell, along with five other officers, were named as defendants in the lawsuit. Guled was shot to death by officers in February of 2009 during a police chase, when he drove a stolen vehicle directly at several officers, according to court documents.

It will now be up to a district court judge to issue a decision.

Both sides have until Sept. 6 to object.

Meanwhile, the Green Bay Police Department has decided not to forward the case involving Minneapolis officers Shawn Powell and Brian Thole to any prosecuting authority, Lt. Kevin Warych, head of Green Bay's Internal Affairs Unit and a department spokesman, told 5 EYEWITNESS NEWS.

Warych declined to give a reason for the decision or provide the date the decision was made.

Both officers are on paid administrative leave.