A federal judge ruled Monday that most claims in a lawsuit against Fresno County and volunteer reserve deputies could move forward. The case involves the fatal shooting of Kenneth Mullins, an unhoused man, by deputies in March 2020.
U.S. District Judge Kirk Sherriff found that allegations of violations of Mullins’ Fourth Amendment rights against excessive force, as well as 14th Amendment rights to familial association, along with state law claims such as battery, negligence, and wrongful death, survived the defendants’ motion to dismiss. However, the judge dismissed a Monell claim accusing the county of unconstitutional policies or practices. The suit, filed by Mullins’ mother and daughter, centers on the incident where deputies responded to a call about Mullins sleeping inside a dismantling shop with a shotgun nearby. Deputies used a loudspeaker and a robot to communicate with Mullins, who left the building and was shot after turning around with his hands raised, according to the family. The judge highlighted that key facts—whether Mullins posed an immediate threat or was complying—are for a jury to decide. The ruling allows the family’s state claims to proceed but bars a nationwide class action under state laws.