The Bergen Record

City moves for dismissal of shooting suit

- Joe Malinconic­o

PATERSON — Lawyers representi­ng the city of Paterson are arguing that Police Officer Jerry Moravek's conduct was “objectivel­y reasonable” when he shot Khalif Cooper, a fleeing gun suspect, in the back in June 2022.

In an attempt to get Cooper's $50 million federal lawsuit against Paterson dismissed, the city lawyers argued in recently filed court papers that Moravek saw the 29-year-old man holding a handgun as he ran away from the scene of gunshots.

“It was objectivel­y reasonable at that moment for Officer Moravek to conclude that Plaintiff was the individual who had fired the shots and that he was armed and presented a continued threat of serious physical harm to the officer or others,” Paterson's lawyers wrote in a dismissal motion filed last month. “Officer Moravek repeatedly instructed Plaintiff to drop the weapon; however, Plaintiff did not comply or stop his continued flight.”

The city legal team's account of the shooting contrasted with the statements released in February by the New Jersey Attorney General's Office when state officials filed aggravated assault and misconduct charges against Moravek.

“Every case deserves a thorough investigat­ion and here we have determined that the use of deadly force was not justified,” Attorney General Matthew Platkin said of the shooting by Moravek. “A young man's life will never be the same because of the unnecessar­y action by this officer, which contradict­ed his police training and his oath to protect and preserve life.”

Cooper was paralyzed because of the injuries he suffered in the shooting, according to his lawyers.

After the criminal charges were filed, Moravek was placed on paid administra­tive leave, pending the outcome of the case.

A key point of dispute has been whether Cooper was wielding a gun when Moravek chased him along the streets of Paterson's 1st Ward. The video recording from Moravek's body-worn camera showed the officer running toward gunfire when Cooper ran past him in the opposite direction.

Moravek immediatel­y called out to Cooper to “drop the gun,” but the video recording never provided a clear view showing whether the young man was holding a weapon.

While down on the ground after being shot, Cooper told the cop he didn't have a gun, the video showed. Minutes after the shooting, another Paterson police officer found a gun on the ground along the path where the chase had taken place, the video showed. But state authoritie­s have said they did not find DNA or fingerprint evidence connecting the gun to Cooper.

Cooper's lawyers in court records filed last week asserted that the young man never confronted Moravek during the incident.

“In fact, the video shows that he ran past Officer Moravek in the opposite direction of where the shots were fired,” Cooper's lawyers asserted. “It is also undisputed that the video showed that the Plaintiff did not make any motions toward the officer or to others in the immediate area while he was being pursued by Defendant Moravek that could be reasonably interprete­d as a threat to Officer Moravek or people in the area during Moravek's 10-15 seconds pursuit prior to firing his weapon.”

In a legal brief filed on Monday, the city's lawyers called the assertions about Cooper not making a motion toward Moravek “a red herring.”

“It matters not that Mr. Cooper did not make a subjective­ly threatenin­g motion toward an officer or member of the public,” said Paterson's lawyers. “Moravek's actions were objectivel­y reasonable because of what did happen, not what did not happen. The video clearly demonstrat­es that Moravek heard gun shots, ran toward them, encountere­d Cooper running in the opposite direction with a gun and pursued Cooper to prevent him from using the gun elsewhere.”

The city lawyers said Cooper didn't surrender when Moravek yelled for him to “drop the gun.”

“Given these facts, it was objectivel­y reasonable for an officer in Moravek's position to believe that (1) Cooper had a gun,” wrote the city lawyers, “and (2) Cooper was a danger to others because he just discharged that gun in public. As such, use of deadly force was warranted to protect others.”

The two sides are scheduled to meet with the federal judge next week to set up a schedule for proceeding with the case.

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