Axing of Vermont Cop Shooting Lawsuit Enables Appeal

The family of a Vermont man shot to death by state troopers is clear to ask the 2nd Circuit Court of Appeals in New York to overturn the dismissal of a civil lawsuit against the state police stemming from the shooting in May 2006 on a back road in Corinth.

The attorney for the family of Robert Fortunati, George Spaneas, said he will argue that U.S. District Court Judge J. Garvan Murtha ignored significant evidence in favor of the Fortunati family and he should have allowed some of the family’s claims go before a jury.

“In my opinion, the judge misapplied the law to such an extent that I find it hard to believe the appeals court will not see it,” Spaneas told the Valley News. “I am 100 percent certain that we are right, and if we get the judges to look at it closely, they will overturn (Murtha).”

But the attorney for the troopers, Assistant Attorney General David Groff, said he believed Murtha’s decision was the right one.

“The troopers acted reasonably and appropriately to protect the public and themselves throughout this difficult and dangerous situation,” Groff said. “We are pleased that this chapter of the litigation is closed, and are confident that Judge Murtha’s decisions will be affirmed if the Fortunatis choose to appeal.”

In May 2006, the 40-year-old Fortunati, who suffered from mental illness, was shot to death during a confrontation with police.

Fortunati’s mother, father and brother filed a federal lawsuit faulting a state police SWAT team. After the shooting, the family was handcuffed and held at gunpoint after they drove to the scene.

In December 2009, several months before the trial was to begin, Murtha threw out all claims from Joseph Fortunati’s death. But the family proceeded with more minor claims from their own arrest, resulting in a three-day trial in June. The jury deadlocked on claims by the mother and son.

Murtha has ruled the family does not have enough evidence to prove their case in a second trial.

However, Murtha’s ruling clears the way for the appeal to the 2nd Circuit.