Judge Dismisses Wrongful Death Lawsuit Against Casper Police

The brother of a man who was killed in a shootout with Casper police officers in May 2018 requested, and a federal judge agreed on Thursday, to dismiss his civil rights lawsuit against the city, police department and the officers, according to court records.

Daniel Wolosin claimed the two officers acted unlawfully, lacked training, and deviated from law enforcement practices when they shot his brother David during the confrontation, according to his lawsuit filed Nov. 25.

He sought $500,000 in damages for his family members but not himself.

The city, police department and officers Jacob Carlson and Randi Garrett responded that Wolosin had little if any grounds in fact or in law to make his claims and asked the court to dismiss the lawsuit because Wolosin was not only representing himself but also eight other family members. An individual can act as his own attorney in court, but cannot represent others, attorneys for the defendants wrote.

On Wednesday, Wolosin agreed.

"It is with a heavy heart that we, the Wolosin Family, are filling [sic] a motion to dismiss due to Daniel Wolosin not being an attorney," he wrote.

The family briefly had an attorney who did not represent them appropriately, and looked for two years to find an attorney to represent them, he wrote.

The family asked Daniel Wolosin to represent them, he did the best possible, and they still insist they are telling the truth, he wrote "The only fact in the request for dismissal from the Defendants is that Daniel Wolosin is not an attorney; however he never pretended to be or claimed to be such."

In his request for dismissal, and in a separate rebuttal to the city, police department and officers, Wolosin again insists that David Wolosin's life "was illegally taken."

Daniel Wolosin wrote that he can prove that Garrett lied to the Wyoming Division of Criminal Investigation, that Carlson said things that violated his brother's Fourth Amendment rights, and that Police Chief Keith McPheeters and others made statements or did things that led to the Natrona County District Attorney's Office to clear the defendants.

For example, officers in the responding law enforcement agencies all had failures on their body microphones, Wolosin wrote. "This should go without saying, it is extremely suspicious and is not now, or ever acceptable."

The shooting happened on May 6, 2018, during a confrontation when Carlson and Garrett were called to a vacant lot near Fairdale Park where David Wolosin was letting a small child drive a car. Another child was in the car and both were nephews.

The confrontation escalated when, according to a police department video, Carlson tried to grab David Wolosin, who pulls out a gun and shoots Carlson. A round from Garrett's gun killed Wolosin. Carlson was hospitalized for his injuries for a month and has since retired.

Thursday, U.S. District Court Judge Nancy Freudenthal wrote that the city, police department and officers had already filed a response and a motion to dismiss the case, so granting Wolosin's request would not hurt the defendants.

The dismissal is without prejudice, meaning Wolosin could take legal action again, she wrote.

"The Court thus concludes Plaintiff's request to dismiss this matter should be granted," Freudenthal wrote.