Family of man killed in officer involved shooting sues Idaho Falls Police

IDAHO FALLS, Idaho (KIFI) - The family of Joseph Johnson, the man killed in an officer involved shooting in February 2021, is now suing the City of Idaho Falls and the Idaho Falls Police Department.

The lawsuit, filed in Federal Court, claims officer Elias Cerdas' irresponsible and excessive use of force led to the wrongful death of Joseph Johnson. And by doing so, violated Johnson's civil rights.

The Johnson family had filed a tort claim in July 2021, as a precursor to the lawsuit.

Officer Cerdas has been named as the defendant in the suit, along with Idaho Falls Police Chief Bryce Johnson. (No relation to the Johnson Family.)

Officer Elias Cerdas shot and killed Joseph Johnson in February 2021 while searching for Tanner Shoesmith, who had fled a traffic stop.

Several officers responded to the scene where they used GPS to locate the suspect's cell phone, which showed it was in the backyard of a nearby home near Tendoy Dr. and Syringa Dr.

Johnson briefly spoke to member of law enforcement, who informed him an armed suspect was in the area. Johnson discovered Shoesmith in his garage and held him at gunpoint backing him out of his home.

Officers surrounded the home. They heard yelling in the backyard and encountered a man (Johnson) wearing a black shirt with a firearm.

Officers instructed him to drop the gun. Johnson turned toward them dropping one hand from his gun when Officer Cerdas shot him.

Johnson was allegedly wearing dark clothing similar to Shoesmith when he was shot in his own backyard.

Officer Cerdas was initially charged with involuntary manslaughter.

The case was later dismissed on the condition he complete 100 hours of firearm and use of force training and a year of supervised patrol.

The family's lawsuit claims Officer Cerdas' irresponsible and excessive use of force led to the wrongful death of Joseph Johnson.

"A reasonable officer on the scene would have realized that Mr. Johnson was not the suspect," the complaint states.

"The fact that someone was yelling “he’s over here, I’ve got him” — even though law enforcement officers were communicating via radio — indicated the presence of two civilians: the suspect (i.e., the “he” / “him” referred to in the yell) and another civilian who had apprehended the suspect."

They further claim that following the shooting, "Chief Johnson made a deliberate choice to approve the shooting and the basis for it." They wrote, by doing so "the city ratified the violation of Mr. Johnson’s civil rights."

No specific monetary compensation is listed within the lawsuit; however, the family is demanding that the case go before a jury.

The City of Idaho Falls has filed a response to the lawsuit, denying Cerdas could have known Johnson was not a suspect or a threat.

The response states, Cerdas "had objectively reasonable belief that all conduct was lawful."

A scheduling conference for the parties' attorneys has been set for April 12.