![]() Though Caldwell was shot and killed in 2011 while sitting behind the wheel of a car parked at a gas station in Hayward, Calif., his lawsuit continues. was consolidated with that of Grant's best friend and godfather to his daughter, Johntue Caldwell, who claims that BART officer Marysol Domenici ordered him to the ground in the New Year's Day altercation, threatened him with a Taser and shouted a racial slur at him. "Further, he has pointed to no facts from which a fact finder could reasonably conclude that defendant Gee knew, or should have known, that his failure to direct his subordinates at Fruitvale Station would result in a constitutional violation, let alone the shooting of Grant III." "Grant Jr.'s argument fails for the simple reason that they have not pointed to a single fact showing that defendant Gee participated in, directed, or was aware of the risk of the shooting and failed to act to prevent it," Chen wrote. District Judge Edward Chen dismissed Grant Jr.'s claim that if Gee had paid more attention to radio transmissions at BART headquarters, he would have known no one was armed and could have better directed subordinate officers. He claimed that Gary Gee, the former chief of BART police, failed to take any action to prevent the shooting. Grant's incarcerated father, Oscar Grant Jr., filed his own lawsuit in 2009. He served half of a two-year prison term for involuntary manslaughter, and BART settled a civil lawsuit with Grant's mother and daughter in 2010 for $1.3 million and $1.5 million, respectively. Mehserle shot Grant while fellow officers were apprehending his friends. Mehserle was one of several officers responding to reports of a fight on the BART train that allegedly ended by the time the train arrived at the station. On New Year's Day 2009, 22-year-old Grant was lying facedown and handcuffed on the station platform when BART officer Johannes Mehserle fatally shot him with a pistol that he allegedly mistook for a Taser. SAN FRANCISCO (CN) - Former Bay Area Rapid Transit officials need not face claims over their alleged role in killing of unarmed Oscar Grant III at Fruitvale station, a federal judge ruled.
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