DEKALB COUNTY, Ga. — Attorneys for the family of a DeKalb County father who was shot by police in his own home during an investigation over a stolen car claims his constitutional rights were violated.
Marando Salmon was killed on November 4, 2022, during a warrantless search by DeKalb County Police, according to attorneys for his family.
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His family filed a federal lawsuit in court on Thursday.
The suit came after a grand jury decided to indict former DKPD Officer Russell Mathis and current DKPD Officer Jordan Vance earlier this year related to the November 4, 2022 shooting. Mathis was formally charged with involuntary manslaughter and reckless conduct. Vance was indicted on reckless conduct charges.
Officers entered Salmon's home without a warrant that night after spotting an alleged stolen car from a dealership in his driveway. The suit stated that the allegation was "that someone had taken a car on a test drive from a dealership a week before and did not return or pay for it."
The lawsuit added the officers knocked on the front door and entered the home when no one answered.
As they went through the home, Mathis went to the second floor and encountered Salmon sitting on his bed in the dark, she said. Mathis then allegedly shot and killed Salmon in a matter of seconds. Salmon threw a cell phone at Mathis, which the officer reportedly believed was a knife, according to District Attorney Sherry Boston.
Salmon was "a loving father, brother, and son with a big heart who was always willing to help others," according to his mother.
The lawsuit claims that the two officers and DeKalb County violated Salmon's Fourth Amendment rights by not obtaining a warrant to enter his home.
According to attorneys, "DeKalb County allows warrantless searches when 'speed is essential.'"
11Alive has not been able to independently confirm DeKalb County's policy.
"The officers relied on this overly lenient policy to justify their unconstitutional entry into Salmon's home, directly leading to his tragic death," attorneys stated in a news release.
Court documents also allege that some of the members of the DeKalb Internal Review Board believed Mathis and Vance did not violate the policy.
"While the officers made the decision to enter unlawfully, they were operating under a policy that was far too permissive. This lawsuit demands accountability and change to protect the Fourth Amendment rights of all DeKalb residents," said Michael Neff, who represents his family.
We have contacted DeKalb County for comment on the lawsuit and their warrantless search policy, and are awaiting a response.
