Attorneys for the City of Madison issued a court filing Monday asking for the federal court to dismiss a case against the city and Madison police officer Matt Kenny maintaining the officer used reasonable force.
The city responded to a lawsuit filed against the city of Madison and Kenny on Aug. 12 by Andrea Irwin, the mother and personal representative to the estate of Tony Robinson. Kenny fatally shot Robinson, an unarmed black teenager, in an apartment on the 1100 block of Williamson Street on March 6.
According to the lawsuit, Kenny was dispatched to the scene after reports of a young male who was “yelling and jumping in front of cars” and had “hit [one of] the [911] caller[s] in the face.” The officer was then informed that Robinson was unarmed.
The filing claimed that Kenny cannot legally be held responsible for Robinson’s death as his actions were a part of his professional duties and were carried out with necessary force.
The shooting prompted an investigation by the state Department of Justice late last spring. In May, Dane County District Attorney Ismael Ozanne decided to not criminally charge Kenny, clearing him of any wrongdoing.
The Madison Police Department conducted a similar internal investigation and concluded that no administrative policies had been violated by the officer.
The lawsuit against the city and Officer Kenny is assigned to United States District Judge James Peterson. A trial date has not yet been set.
