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A federal judge decided against dismissing a civil rights and wrongful death lawsuit filed by the mother of a 22-year-old Puyallup man who a Pierce County deputy killed during a traffic stop in 2022.

Moses Portillo was lying across the back seat of a car with his leg in a cast when Deputy Thomas Dolan stopped him and two friends for a traffic violation on the evening of January 16, 2022. According to reports and body camera footage, Portillo’s head and shoulders were against the rear driver’s door.

Court documents and body camera video obtained by show that Dolan fired 12 shots through the car window after seeing a gun in Portillo’s lap and repeatedly ordering him to show and raise his hands. Portillo was struck in the head and back. The deputy said Portillo was reaching for the gun when he fired.

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Why was the lawsuit filed?

Leona Qualey, Portillo’s mother, filed a federal lawsuit the following year, arguing that her son’s death was “unnecessary, reckless, negligent, and wrongful.” She claimed Dolan violated policies, procedures, and the law by failing to de-escalate the situation.

Dolan and Pierce County contend that the deputy did everything possible to get Portillo to comply with commands to show and raise his hands and that Dolan only fired after Portillo moved his hand toward the gun in his lap.

In a 26-page order issued on January 27, U.S. District Court Judge Tiffany Cartwright denied Dolan’s motion to dismiss the claim. The judge stated there was a factual dispute about what occurred in the car, which a jury, rather than the court, should decide.

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