City, LCPD Officers Prevail in Civil Suit from 2022 Arrest

A Las Cruces jury ruled in favor of the City of Las Cruces and LCPD officers who were defendants in a civil lawsuit brought by a man arrested in July 2022.

Erick Lopez, 32, filed suit in Third Judicial District Court claiming that three Las Cruces police officers and a sergeant used excessive force and battered him when taking him into custody after a July 2022 arrest. In the July 3, 2022, incident, officers were dispatched to the 1200 block of Monte Vista Avenue and a report that Lopez was damaging property within the neighborhood.

When officers made contact with Lopez, he was holding a bloody knife and appeared to have a firearm in his waistband. During the interaction with police, Lopez placed his hands directly over the firearm several times.

Officers used less-lethal force to gain compliance and took Lopez into custody with no gunshots fired. The firearm in his waistband was determined to be a replica pellet gun.

The civil trial began Monday, Jan. 6, 2025, and the case was sent to the jury on Friday, Jan. 10. That same day, the jury reached its verdict and found that officers did not use excessive force, nor did they commit a battery against Lopez.

Las Cruces Police Department Chief Jeremy Story had this to say following the civil trial: “When an officer makes a mistake, there is accountability. Just as important, when an officer does their job, we will stand behind them all the way to the finish line.”

Lopez’s attorneys were seeking $1 million in damages in the civil suit. As a result of the verdict, the City is not liable for damages and will pay nothing.