City Requests Dismissal of Carabajal Lawsuit

CHEYENNE, Wyo. (AP) — The city of Cheyenne and the Cheyenne Police Department are asking for a judgment in a negligence lawsuit filed after a 2011 police-involved shooting.

The defendants in the lawsuit have filed a motion asking the U.S. District Court of Wyoming to rule in their favor without a trial.

The lawsuit was filed by Mathew Carabajal after he was shot by police in September 2011. An officer tried to stop his vehicle for driving erratically. Carabajal tried to evade arrest before eventually stopping. He later pointed his vehicle at officers and revved his engine, prompting an officer to fire two founds from a shotgun.

Carabajal says he was stopped without probable cause.

In the motion, Cheyenne officials say officers followed appropriate procedures during the incident.