Judge Dismisses Lawsuit Over Fatal Fort Bliss Shooting

A federal judge has dismissed a lawsuit brought by the family of a teenager killed during a shooting at Fort Bliss, saying federal laws prevent the mother of 18-year-old Ezra Gerald Smith from pursuing damages from the government.

U.S. District Judge Charles R. Simpson III in Louisville issued the decision Friday.

Smith’s family, who live in Louisville, sued the U.S. Army in October, accusing the Army of negligence in diagnosing and treating the shooting suspect, Spc. Gerald Polanco.

Polanco was charged with murder, but ruled incompetent to stand trial by a military judge a few months later.

Smith was at Fort Bliss, where his stepfather was based. He was shot in the back of the head while riding his bike to school the morning of April 24, 2009.