Northern District of Texas Court Judge Sam Cummings issued a ruling in the case of Emilia Espinoza vs. City of Levelland Police Department. The defendants had made a motion for summary judgement and that motion was granted.
According to federal court documents the order states “there is no just reason to delay in entering a final judgement and final judgement should be entered according to Federal Rule of Civil Procedure.” It went on to state that plaintiff, Emilia Espinoza as personal representative and administrator of the estate of Jose Espinoza take nothing in their case against defendants, Raul Ortega Lopez, Jordan Kase Donahue, Justin Ty Land and Chief of Police Toney Cowan in their individual capacities. This judgement serves as a final judgement in the claims alleged against the defendants in their individual capacities.
The summary judgement means the officers and Chief of Police have been released from the suit, however, a suit is still active against the City of Levelland.
The plaintiff has 30 days to appeal the ruling.
The case is in regards to the January 2015 shooting death of Jose Espinoza.