On January 4, 2011 cellphone video of the incident was taken. It shows two officers firing at Randal Dunklin after he had slashed an officer in the shoulder.
The officers say Dunklin continued to be a threat, even after they fired a bean bag at him. Dunklin, who suffers from mental problems, was acquitted of wrongdoing, but filed a civil suit against police for excessive force.
The judge didn't buy it. Dunklin's attorney, John Scott, is outraged.
"Even if the shooting is on videotape and appears to be outrageous, that if a person can somehow claim self-defense, that the person is protected by the law," said Scott.
Dunklin plans to appeal the ruling to the Ninth District Court of appeals.