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A federal judge Wednesday dismissed a case involving a justified police shooting after the victim and his attorney failed to comply with a court order.
James Rankin, 24, of Carnegie, who said he was unarmed, was paralyzed as a result of the shooting. He sued Wilkes-Barre city and Plains Township police last year, alleging they used excessive force when he was shot during a home invasion investigation in April 2012.
U.S. District Judge A. Richard Caputo of Wilkes-Barre directed that the civil case be closed after Rankin and his attorney Holly Dobrosky of Philadelphia failed to respond to an order issued Sept. 24. The judge gave them 10 days to respond as to why the case should not be dismissed for their inaction to move it along.
Dobrosky could not reached for comment. Rankin still awaits trial in Luzerne County Court on aggravated assault, burglary, robbery and other charges related to his arrest more than three years ago.
In the suit Rankin identified Wilkes-Barre police officer John Majikes as the shooter. The state police and the district attorney’s office cleared the shooter but did not identify him.
Rankin said he was shot in the back as he ran from under steps where he was hiding in fear of police. He said he was afraid because a day earlier he had come in contact with Wilkes-Barre police officers who told him to leave town immediately. He said they told him that if he did not comply, “they would shoot him.”
Police responded to a reported home invasion at an apartment on Kidder Street and said Rankin used a Taser to stun two people during a fight inside the residence. Rankin fled by jumping through a third-floor window and officers chased him around the block, police said. Rankin was shot when he reached toward his waistband, police said. But, in the suit, Rankin said no gun was found at the scene.