ATLANTA — A federal judge has thrown out a civil rights lawsuit brought by the family of an environmental activist fatally shot by Georgia state troopers, ruling that law enforcement acted reasonably when they used pepper balls against the protester’s tent and later fired deadly shots after the 26-year-old wounded an officer.
The fatal shooting of Manuel Paez Terán, who went by “Tortuguita,” occurred on January 18, 2023, and became a rallying point for activists opposing construction of what opponents called “Cop City” — a large-scale police and firefighter training facility built on forested land and a former prison farm outside Atlanta that opened last year.
The family of Paez Terán filed suit against three law enforcement officials they claimed organized and executed the operation targeting demonstrators who had been camping in the woods for months near the DeKalb County construction site. Their legal action alleged officers violated Paez Terán’s constitutional speech rights and used unreasonable force against the activist, causing them to panic and fire shots. A family-commissioned autopsy found that Paez Terán, who identified with they/them pronouns, was seated cross-legged with hands raised when struck by more than a dozen bullets.
In Monday’s decision, U.S. District Judge Steven Grimberg pointed out that even the family acknowledged Paez Terán shot at officers, injuring one, which made the troopers’ deadly response justified. Grimberg further determined that officers were legally permitted to fire pepper balls at Paez Terán when the activist, facing criminal trespass charges, refused commands to exit the tent.
“Because Paez Teran initiated gunfire with the (Georgia State Patrol) officers, Plaintiffs cannot maintain that Defendants’ actions were the proximate cause of the use of deadly force that ultimately ended the decedent’s life,” the judge wrote.
Grimberg additionally found the officers protected by qualified immunity, a legal doctrine that shields law enforcement and government employees from lawsuits claiming constitutional violations.
Attorneys Jeff Filipovits and Wingo Smith said Paez Terán’s parents, Belkis Terán and Joel Paez, are “devastated” by the court’s decision.
“They feel they are being denied the accountability they deserve,” the attorneys said in a statement. “The records of their child’s death still have not been publicly released. They will be reviewing all their legal options.”
Body camera video from four Atlanta officers present doesn’t capture the actual shooting, according to the Georgia Bureau of Investigation. However, the agency reported the footage shows officers finding Paez Terán in a wooded tent and opening fire in self-defense after the activist shot at troopers while disregarding verbal orders to leave.
A prosecutor chose not to file charges against the troopers who killed Paez Terán, determining their deadly force was “objectively reasonable.” Investigators also confirmed ballistics evidence showed the wounded trooper was hit by a bullet from a firearm Paez Terán legally bought in 2020.
Demonstrators created the “Stop Cop City” campaign to oppose building the 85-acre Atlanta Public Safety Training Center, arguing it would harm the environment by destroying large forest areas and worsen flooding risks in a low-income, predominantly Black community. They also objected to spending tens of millions in taxpayer money on what critics called an “urban warfare” training facility.
Demonstrations against the project sometimes turned violent, with masked protesters setting fire to police vehicles and construction machinery — incidents that resulted in a sweeping racketeering case against 61 demonstrators in 2023. A Fulton County judge dismissed the high-profile prosecution on procedural issues last year, though Republican Attorney General Chris Carr is challenging that decision.
While the movement has diminished following the racketeering charges and the training center’s completion, the name Tortuguita continues to appear at anti-police demonstrations, and the activist’s likeness remains visible in murals and protest materials throughout Atlanta.
