Dallas dismissed from lawsuit over police shooting

DALLAS (AP) — A federal judge has ruled the city of Dallas is not liable for an off-duty police officer fatally shooting a man in his own apartment last year.

On Monday, U.S. District Judge Barbara Lynn dismissed the city from civil lawsuit that the family of Botham Jean brought after the 26-year-old was killed by Amber Guyger.

The ruling leaves the 31-year-old former officer as the sole defendant in the suit, which argues she used excessive force and that better police training could have prevented Jean's death. It makes a large financial settlement unlikely.

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Funeral held for Botham Shem Jean, man shot and killed by a Dallas police officer
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Funeral held for Botham Shem Jean, man shot and killed by a Dallas police officer
Mourners console each other during the public viewing before the funeral of Botham Shem Jean at the Greenville Avenue Church of Christ on Thursday, September 13, 2018 in Richardson, Texas. He was shot and killed by a Dallas police officer in his apartment last week in Dallas. (Shaban Athuman/The Dallas Morning News via AP)
Mourners line up during the public viewing before the funeral of Botham Shem Jean at the Greenville Avenue Church of Christ on Thursday, September 13, 2018 in Richardson, Texas. He was shot and killed by a Dallas police officer in his apartment last week in Dallas. (Shaban Athuman//The Dallas Morning News via AP) (Shaban Athuman/The Dallas Morning News via AP)
FILE - In this Monday, Sept. 10, 2018 file photo, Brandt Jean, center left, brother of shooting victim Botham Jean, hugs his sister Allisa Charles-Findley, during a news conference outside the Frank Crowley Courts Building in Dallas, about the shooting of Botham Jean by Dallas police officer Amber Guyger on Thursday. He was joined by his mother, Allison Jean, second from left, and attorney Benjamin Crump, second from right, as attorney Lee Merritt, right, speaks to the media. A funeral is scheduled Thursday, Sept. 13, 2018, for Botham Jean killed in his home by a Dallas police officer who says she mistook his residence for her own. (Tom Fox/The Dallas Morning News via AP, File)
FILE - This March 24, 2014, file photo provided by Harding University in Searcy, Ark., shows Botham Jean, speaking at the university. Jean was fatally shot Sept. 6, 2018, by off-duty officer Amber Guyger who says she mistook his residence for her own. The service for 26-year-old Botham Jean will start at noon Thursday, Sept. 13, at a church in suburban Dallas following a public viewing. (Jeff Montgomery/Harding University via AP, File)
Allison Jean, mother of Botham Shem Jean,, front, leaves after viewing her son's body before the funeral service for Botham Shem at the Greenville Avenue Church of Christ on Thursday, September 13, 2018 in Richardson, Texas. He was shot and killed by a Dallas police officer in his apartment last week in Dallas. (Shaban Athuman/ The Dallas Morning News)/The Dallas Morning News via AP)
RICHARDSON, TX - SEPTEMBER 13: A person carrying a wreath of flowers walks through the parking lot at the Greenville Avenue Church of Christ for the funeral service for Botham Shem Jean on September 13, 2018 in Richardson, Texas.Jean was killed when a Dallas Police officer who accidentally went into Jean's apartment, thinking it was her own and shot him. (Photo by Stewart F. House/Getty Images)
RICHARDSON, TX - SEPTEMBER 13: A person carrying a wreath of flowers walks through the parking lot at the Greenville Avenue Church of Christ for the funeral service for Botham Shem Jean on September 13, 2018 in Richardson, Texas. Jean was killed when a Dallas Police officer who accidentally went into Jean's apartment, thinking it was her own and shot him. (Photo by Stewart F. House/Getty Images)
RICHARDSON, TX - SEPTEMBER 13: The casket arrives for the funeral service to commemorate Botham Shem Jean, 26, at the Greenville Avenue Church of Christ on September 13, 2018 in Richardson, Texas. Jean was killed when a Dallas Police officer who accidentally went into Jean's apartment, thinking it was her own and shot him. (Photo by Stewart F. House/Getty Images)
RICHARDSON, TX - SEPTEMBER 13 The casket carrying Botham Shem Jean arrives at Greenville Avenue Church of Christ on September 13, 2018 in Richardson, Texas. Jean was killed when a Dallas Police officer who accidentally went into Jean's apartment, thinking it was her own and shot him. (Photo by Stewart F. House/Getty Images)
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In her brief ruling, Lynn wrote that she was upholding a magistrate judge's decision and dismissing the city because the suit failed “to state a claim upon which relief can be granted."

Guyger was found guilty of murder for Jean's death and sentenced to a decade in prison in October. She testified at trial that she mistook Jean's apartment for her own on the floor below and thought he was an intruder.

Jean, an accountant from the Caribbean island nation of St. Lucia, had been eating a bowl of ice cream when Guyger entered his home and shot him.

His death drew national attention for its unusual circumstances and as one of several prominent killings of black men by white police officers.

A lawyer for Jean's family did not immediately respond to a request for comment Thursday.

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