Facts

Alice Smithen sued the federal government, and Matthew Itkowitz, a deputy U.S. marshal, in connection with the fatal shooting of Smithen's 26-year-old son, Ryan Gonzalez.

PLAINTIFF'S CONTENTIONS: In 2008, the decedent allegedly intervened in a dispute between Itkowitz and his wife outside a tattoo parlor where the decedent worked. The deputy and the decedent allegedly came to blows. The deputy allegedly shot and killed the decedent as the decedent was walking away from him. The deputy shot the decedent five times, including two to his back. Plaintiff filed this civil rights action against defendants for the wrongful death of her son.

DEFENDANTS' CONTENTIONS: Defendants disputed the allegations.

Result

The judge tossed the case in favor of the federal government, finding that Itkowitz was not acting as a deputy U.S. marshal when he shot the decedent.