Matthew Carabajal Sues Over 2011 Shooting

A man who was shot by Cheyenne Police in 2011 is suing the City of Cheyenne and the Cheyenne Police Department.

Four Cheyenne Police officers are also named as defendants in the suit.

Matthew Carabajal along with Ariana Martinez say they are also suing on behalf of their son, who was in the car at that time of shooting. In the suit filed in federal court alleging police used excessive force and violated the Fourth Amendment, which prohibits unreasonable search and seizure.

The defense has asked for the suit to be dismissed.

A hearing on the case is scheduled for Monday in U.S. District Court in Casper. Carabajal was driving the vehicle when it was stopped by Cheyenne police in 2011.

Officer Joshua Thornton allegedly had a shotgun, and warned Carabajal, who was driving, that he would fire if the car started.

He reportedly then fired through the windshield when the car began moving forward. Carabajal was hit in the head, shoulder and upper body.

He is suing for medical expenses of over $1.48 million as well as other damages.