PORTLAND, Ore. — A federal judge says a wrongful death lawsuit stemming from the fatal shooting of a man who helped lead the armed occupation of an Oregon wildlife refuge can proceed against Oregon State Police, but allegations against other federal, state and local government entities should be tossed.
U.S. Magistrate Judge Patricia Sullivan recommended that allegations against the FBI, federal Bureau of Land Management, Oregon’s governor and Harney County should be thrown out of the lawsuit brought by the wife of Robert “LaVoy” Finicum, the Oregonian reported.
A federal district judge now must decide whether to accept, reject or modify Sullivan’s recommendation.
Jeanette Finicum filed the lawsuit in connection with the fatal shooting of her 54-year-old husband. He was one of the leaders of the armed takeover of the Malheur National Wildlife Refuge in 2016 by protesters who objected to what they said was federal overreach in the way the government managed public lands and grazing rights.
Finicum was shot in January 2016 by state police officers after he fled an attempted police stop while he and other occupation leaders were heading to a meeting in a neighboring county. Law enforcement officers used a road block to stop his vehicle, and police said Finicum had reached inside his jacket for a gun when he was shot.