SANTA FE – A New Mexico appeals court has upheld a decision to dismiss a lawsuit filed by a Native American artist who was cleaning up dog poop but mistaken for a burglar.
The Albuquerque Journal reports the state Court of Appeals recently affirmed a District Court decision that the officers’ actions were “objectively reasonable” when they detained him at gunpoint.
Romero filed a lawsuit alleging the violation of his constitutional rights in 2014. He says his Shih Tzu defecated in his car and had pulled into a driveway to clean up the mess when a homeowner called police.
Romero told The Associated Press a Santa Fe officer pointed a rifle at him during the bizarre misunderstanding.
In 2017, a judge ruled an officer’s belt recorder showed the officer acted properly.
