ATLANTA (AP) — A federal judge has dismissed a civil rights lawsuit filed by the parents of Manuel Paez Terán, an environmental activist known as “Tortuguita,” who was shot dead by Georgia state troopers. U.S. District Judge Steven Grimberg ruled that the actions of the troopers were “objectively reasonable” when they fired pepper balls into Paez Terán's tent and subsequently shot the activist after Terán shot at a trooper, wounding him.
The shooting incident occurred on January 18, 2023, and sparked significant unrest surrounding the construction of “Cop City,” a large police and firefighter training center located just outside Atlanta. Critics argue that this facility, built on a forested area and a former prison farm, contributes to environmental degradation and is funded by public money, raising concerns about its impact on the community.
Paez Terán's parents, Belkis Terán and Joel Paez, filed a lawsuit against three law enforcement officers, claiming that the officers had planned and executed a raid against protesters near the DeKalb County construction site, violating Paez Terán's free speech rights and using excessive force. An autopsy commissioned by the family indicated that Terán, who identified with they/them pronouns, was shot while sitting cross-legged with their hands in the air when the state troopers opened fire.
In his ruling, Judge Grimberg acknowledged that Paez Terán had fired at the troopers, which he deemed justified the lethal response. He cited that the officers were within their rights to use pepper balls before the shooting occurred, as Terán, accused of criminal trespass, failed to comply with commands to exit the tent. Grimberg emphasized that the decision to use deadly force was not a proximate cause of Terán's death due to the initial gunfire being initiated by Terán.
The judge additionally upheld the troopers' claim to qualified immunity, which shields government officials from being held personally liable in civil lawsuits under certain circumstances. Paez Terán's family expressed devastation at the ruling, citing feelings of denied accountability. Their attorneys, Jeff Filipovits and Wingo Smith, conveyed their clients’ frustration, particularly as records surrounding their child’s death have yet to be disclosed to the public. They stated that the family is exploring further legal options.
While body camera footage from four Atlanta officers involved in the incident did not capture the shooting itself, the Georgia Bureau of Investigation confirmed that the footage showed the officers encountered Paez Terán in a tent. Following verbal commands and an altercation involving gunfire, the troopers acted in self-defense. A prosecutor later determined that the troopers would not face charges, asserting that their use of deadly force was “objectively reasonable,” supported by ballistics evidence linking the injured officer to a bullet fired from a firearm legally purchased by Paez Terán in 2020.
The “Stop Cop City” movement emerged in response to the training center's construction, with activists protesting against environmental damage and the misuse of public funds. Protests sometimes turned violent, leading to a significant racketeering indictment against numerous protesters. Although a Fulton County judge dismissed the case on procedural grounds, an appeal is currently being pursued by Georgia’s Attorney General Chris Carr.
Even though the movement's activities have diminished since the charges against protesters and the establishment of the training facility, the name Tortuguita continues to resonate within anti-police demonstrations. The activist's image has become prevalent in murals and flyers across Atlanta, symbolizing ongoing resistance against police militarization and environmental destruction.
