A federal judge has dismissed the legal claims made by the family of Jameek Lowery, who died in police custody six years ago, ruling that the allegations of federal civil rights violations by three Paterson police officers and the city’s police department were without merit. However, U.S. District Judge Michael Farbiarz also noted that he lacked jurisdiction over the state law claims, such as wrongful death, excessive force, and assault. His decision, issued on September 10, marks a significant turn in the prolonged legal battle surrounding Lowery’s death
Dismissal of Federal Civil Rights Claims
Judge Farbiarz’s ruling dismissed the federal claims made by Lowery’s family that the actions of Paterson police officers Michael Avila, Mucio Lucero, and Kyle Wanamaker violated his civil rights. The judge stated that there was insufficient evidence to support the claims of constitutional violations, including excessive force during the incident that led to Lowery’s death. The judge emphasized that these types of claims were more appropriate for state courts.
This ruling follows a lengthy five-year legal battle initiated by Lowery’s survivors after the events leading to his death in January 2019. According to court records, Lowery had posted a live social media video from Paterson police headquarters, where he expressed paranoia, admitted to using drugs, and claimed he feared for his life at the hands of city police.
The Incident That Led to Lowery's Death
Lowery’s encounter with the Paterson police officers escalated outside the police headquarters when EMTs were called to transport him to the hospital after he had left a previous visit there. During the ambulance ride, Lowery’s behavior reportedly changed, and he began to resist and attack the officers, who then restrained him on the stretcher. Lowery died two days later at the hospital.
In the wake of the incident, the Passaic County Prosecutor’s Office concluded that no criminal wrongdoing had occurred by the officers, and the New Jersey Medical Examiner ruled Lowery’s death as accidental, caused by cardiac arrest during a psychotic episode linked to drug use.
Family's Allegations of Excessive Force
The Lowery family presented their own medical expert testimony, claiming that the injuries inflicted during the ambulance ride were directly responsible for his death. They also presented a report by a retired police sergeant who argued that the officers’ use of force was “unreasonable, excessive, unnecessary, not consistent with police training/standards, and not proportional in terms of the level and duration of the force.”
However, the defense team for the officers and the city produced their own expert reports asserting that a combination of factors, including Lowery’s drug use and underlying medical conditions, contributed to his death. They argued that the officers followed proper use-of-force protocols.
Judge's Criticism of the City's Supervision Practices
The judge also examined claims that the Paterson police department failed to properly supervise the officers involved in the incident. However, he ruled that the evidence of inadequate supervision was weak. Judge Farbiarz remarked that there was insufficient evidence to establish a pattern of systemic failures, citing that the officers had relatively few internal affairs complaints on their records.
Despite acknowledging isolated incidents of misconduct by one officer, the judge concluded, “Looking at all this as a whole, the Court concludes that no reasonable jury could find that the City can be liable here on a failure-to-supervise theory.”
What’s Next for Lowery’s Family?
While the federal claims have been dismissed, Judge Farbiarz’s ruling leaves the door open for the family to continue their legal fight in state court. The decision is likely to move the case to New Jersey Superior Court, where the family’s claims under state law, including wrongful death and assault, will be further examined.
Protect Your Rights and Seek Justice
The legal battle over Jameek Lowery’s death is far from over, and for those who believe their civil rights have been violated, it’s critical to seek expert legal counsel. If you or a loved one have experienced excessive force, wrongful death, or other civil rights violations, contact Police Brutality Center today to discuss your case and explore your options for seeking justice.