Judge tosses most claims in armed occupation death lawsuit

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Judge tosses most claims in armed occupation death lawsuit
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A federal judge has tossed most of the civil claims brought in a wrongful death lawsuit by the family of an Arizona rancher who served as spokesperson for the armed takeover of Oregon’s Malheur National Wildlife Refuge in early 2016.

PORTLAND, Ore. —

“After all this time, Plaintiffs have yet to identify any facts or theories that, properly pled, would support a finding that any negligence or wrongdoing on behalf of the United States was not grounded in policy judgments,” Mosman wrote in his opinion. His ruling accepted most recommendations that U.S. Magistrate Judge Patricia Sullivan made in 2020.

The lawsuit contended FBI agent W. Joseph Astarita fired at Finicum after he crashed and stepped out of his Dodge pickup “with his hands in the air in a surrender position.”

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