CLARK COUNTY, Wash. — A wrongful death lawsuit against the Clark County Sheriff's Department and two deputies, filed by Kevin Peterson Jr.'s family, will go to a jury trial.
A three-judge panel of the U.S. Court of Appeals unanimously ruled in favor of Peterson's family, whose attorneys announced the update on Wednesday.
In October 2020, Clark County Sheriff's deputies shot and killed Peterson, a 21-year-old Black man, during a failed drug sting. Peterson had expected to deliver Xanax pills and showed up to a parking lot in Hazel Dell, but ran away when he realized it was a setup, according to attorney Mark Lindquist. The deadly shooting sparked vigils and protests.
“This ruling sends a message to Clark County that they ought to look at their policies," said Lindquist. "Given Clark County’s resistance to accountability, the only way the family and the community is likely to see justice is through a trial.”
At the time, former Clark County Sheriff Chuck Atkins said Peterson shot at deputies first. However, an independent investigation later found no evidence to suggest that Peterson shot at police.
Less than a year later, a Pierce County prosecutor found the shooting "justified and lawful." The deputies who fired at Peterson were cleared of criminal wrongdoing.
Peterson's family and the mother of his child filed a lawsuit in May 2022, accusing Clark County's then-sheriff Atkins and the deputies involved of wrongful death, negligence and excessive force.
"They found that there was ample evidence Kevin Peterson was no threat to the officers or anyone else when they started shooting," said Lindquist to KGW. "Clark County has been stalling accountability for this case for several years. Our justice system does not move quickly, but it does move effectively.”
In September 2023, a federal trial judge denied the defendant's motion to dismiss five causes of action in the lawsuit. The federal judge ruled the lawsuit could move ahead to trial and set a start date for Oct. 30, 2023. But Clark County appealed the trial judge's ruling to the Ninth Circuit Court of Appeals.
In an opinion filed on July 16, 2024, the three-judge panel unanimously held that "…the government’s interest in the use of deadly force was limited because Peterson was not suspected of committing a violent crime and a jury could reasonably conclude that he posed no immediate threat to the officers or others."
Peterson's family is grateful that the trial judge and the Ninth Circuit Court of Appeals has ruled in their favor, according to their attorneys, Lindquist and Angus Lee.
"Kenin's family is, of course, pleased with the ruling. They want accountability, they want justice, and they want to make sure this does not happen to any other families. They want to see reform in the Clack County Sheriff's Office," Lindquist said.
The Clark County Sheriff's Office said via email to KGW Wednesday that it cannot comment on pending litigation.
All causes of action alleged in the lawsuit will go to the jury. The trial is scheduled for early 2025 and will be held in the federal courthouse in Seattle.