Federal Civil Rights Lawsuit Dismissed

Spokane – Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that U.S. District Court Chief Judge Rosanna Malouf- Peterson dismissed a civil rights lawsuit brought by Manuel Sanchez.  Sanchez, who is currently a Federal prisoner, claimed that his civil rights were violated by a Drug Enforcement Administration Special Agent who shot him while he attempted to flee from arrest following a drug deal by intentionally driving a vehicle directly at the DEA Special Agent. 

According to information disclosed during the court proceedings, DEA agents working with the drug task force in Yakima, Washington had set up several controlled buys from Sanchez.  On July 26, 2012, a confidential source assisting the DEA met Sanchez in the parking lot of the Home Depot in Yakima.  As soon as the drug transaction was complete, DEA and other task force members moved in to arrest Sanchez.  Sanchez accelerated quickly in his Dodge van, striking the confidential source’s occupied vehicle, as well as a task force vehicle with two officers inside.  Sanchez then circled around the parking lot looking for an escape route and drove directly at the DEA Special Agent, who was standing out in the open.  The Special Agent fired into the van, striking Sanchez.

Sanchez was subsequently charged with Distribution of a Controlled Substance; Possession of a Controlled Substance with Intent to Distribute; and Assault on Federal Officers.  In December 2012, Sanchez pleaded guilty to Distribution of a Controlled Substance and he was sentenced to Federal prison.  During his change of plea hearing, Sanchez admitted he posed a substantial danger to the DEA Special Agent, the other officers on the scene, and the public.  Nevertheless, Sanchez filed this civil suit, alleging his civil rights were violated when he was shot.

Chief Judge Malouf-Peterson found that the Special Agent was immune from prosecution because his decision to shoot at Sanchez did not violate a clearly established constitutional right given that Sanchez’s action posed a risk of death or serious bodily injury to the Special Agent and others on the scene.  Chief Judge Malouf-Peterson also found that the shooting of Sanchez was reasonable under the  United States Supreme Court’s 1989 analysis of constitutional rights violations.

Michael C. Ormsby stated, “Claims of civil rights violation are taken seriously.  But, when meritless lawsuits are brought, this office will vigorously defend such lawsuits and protect the public purse.”

This case was defended by Rudy J. Verschoor, an Assistant United States Attorney for the Eastern District of Washington.