Jury denies damages in wrongful death lawsuit in Livingston

BILLINGS (AP) — A federal jury has denied a damage award to the family of a Livingston man who was shot and killed by police in January 2016.

The estate of Sean Patrick O'Brien filed a wrongful death lawsuit against the city of Livingston and the officers involved in 2018. The family argued police were negligent, used excessive force and violated department policies.

The family argued O'Brien was trying to run away when he was shot, while the city argued O'Brien charged at officers with a knife in his hand.

The jury placed 49% of the blame on the city and 51% on O'Brien in a trial that concluded on Aug. 18. If the jury had assigned 50% of the blame to Livingston, O'Brien's family would have been allowed to recover some damages, the Billings Gazette reported.

The shooting happened when officers responded to a Livingston store following reports of a man threatening employees.

One officers used his stun gun on O'Brien but it had no effect. Authorities say two officers opened fire on O'Brien after he ignored repeated commands to stop moving, get on the ground and drop his weapon before running at officers with a knife.

A coroner's jury in 2016 determined the shooting was justified.