City of Madison attorneys filed a response to a lawsuit Tony Robinson’s family filed against the city and police officer Matt Kenny, denying liability for his death, according to the Wisconsin State Journal.
Kenny shot Robinson March 6 after responding to a call at a home in the 1100 block of Williamson Street. Robinson’s death sparked weeks of protest throughout the city.
Tony Robinson’s death: a portrait of a life ended, a life halted, a community united
Both the city’s and Kenny’s legal counsel said they will file for a motion for dismissal on the grounds that State Department and MPD investigations found the killing justified.
The response also said Kenny is immune to legal action since he was carrying out his actions in good faith in the line of duty.
Dane County District Attorney announced in May Kenny would not face charges in Robinson’s death.
Andrea Irwin, Robinson’s mother, filed the lawsuit in August.
The city also claims Robinson was partially responsible for his death because of “his failure to exercise ordinary care for his own safety,” according to Wisconsin State Journal.
According to Jon Loevy, Irwin’s lawyer, the response is simply an answer to the initial suit.
Loevy said though Kenny was found to not be in violation of police procedure, he may still be found liable for Robinson’s death.
“[The city and MPD] have denied everything and we look forward to interviewing the participants and proving our case,” Loevy said.
The lawsuit has been assigned to Judge James Peterson according to WSJ. No court date has been set.
