A federal judge dismissed a civil rights lawsuit filed by the family of Jada Johnson, who was shot and killed by a Fayetteville police officer in 2022 while experiencing a mental health crisis.
U.S. District Court Judge James C. Dever III ruled on November 25 that officers did not use excessive force against 22-year-old Johnson, saying they were forced to make “split-second judgments—in circumstances that [were] tense, uncertain, and rapidly evolving.”
Johnson’s death raised questions about how police respond to people with mental health issues. The lawsuit, filed by Johnson’s family, alleged that officers escalated the encounter and violated Johnson’s constitutional rights by failing to follow departmetn policy and using excessive force.
Johnson called 911 repeatedly from her grandparents’ home on Colgate Drive on the night of July 1, 2022, convinced her ex-boyfriend was stalking her and trying to kill her.
Johnson’s grandparents told the responding officers she had been experiencing symptoms of psychosis for a few months and had recently been hospitalized on a voluntary commitment, according to court records and body-worn camera footage. They described her as paranoid and said she believed the police were working with her ex-boyfriend.
When her grandparents urged her to stop calling 911, Johnson agreed to go to the hospital. But when officers prepared to leave, she tried to lock the door and prevent them from exiting. Johnson said her ex‑boyfriend was driving by the house and urgently asked her grandparents to call the police again.
“This is the kind of crap that is going to get you in jail,” Sgt. Timothy Rugg yelled to Johnson. “You don’t call the police when the police are standing in your living room. We are almost done with this. Do you understand what I’m saying?”
Johnson then pulled a handgun out of her waistband and pointed it at her head, which led to an hour-long standoff. During that time, she asked for medication, demanded that her 2-year-old daughter be brought into the room, and allegedly called her ex-boyfriend and asked him to bring fentanyl “so she can die.”
Officers tried to calm her and called for an ambulance, which was delayed. Rugg tackled Johnson to the floor in an attempt to take her gun while she tried to open a bottle of pills.
During the struggle, officer Zacharius Borom fired seven shots. When Johnson reached for the gun, Borom fired nine more shots.
Johnson’s daughter was in the room during the shooting.
An expert hired by Johnson’s family, Dr. Scott Mourtgos, later concluded that both rounds of shooting were justified. However, he found that “a number of shots fired during the second volley occurred after an objective threat of death or serious bodily injury had ceased.”
Mourtgos said Rugg broke Fayetteville Police Department policy and departed from generally accepted practices for handling a mental health crisis when he yelled at Johnson and threatened her with arrest. He also noted that officers failed to request a crisis intervention officer as required by department policy when dealing with people in psychiatric distress.
Defense attorneys James Thornton and J. Heydt Philbeck argued that such action is discretionary. “Johnson was essentially holding everyone hostage with possession of a weapon,” they wrote in court filings. “If Johnson had simply allowed the EMS crew to transport her to the hospital as arranged by the officers, none of the tragic events at issue would have occurred.”
A toxicology report from the North Carolina Office of the Chief Medical Examiner showed that Johnson had alcohol and methamphetamine in her system at the time of her death.
In response to questions about department policy, the Fayetteville Police Department emphasized its commitment to specialized training for behavioral health crises. “We recognize the importance of these interactions and prioritize specialized training to ensure safe and effective outcomes for both the community and our officers,” police spokesperson Sgt. Alpha Caldwell said in a statement to CityView.
The N.C. Department of Justice said in April 2024 that it would not file criminal charges against the Fayetteville police officers.
Judge’s Ruling and Sealed Records
Dever said in his ruling that the second round of gunshots was reasonable.“The fact that Borom fired his last shots after Rugg had gained control of the gun does not render the force excessive,” Dever wrote. “The video shows Borom shooting Johnson as Rugg pulled the gun away from her.”
He added that Borom acted reasonably “in continuing to shoot during the matter of seconds it took for Rugg to gain complete control of the gun and safeguard it from Johnson.”
Dever said officers are “not required to interrupt a volley of bullets until [they know] the suspect has been disarmed,” citing a ruling handed down by the 11th Circuit of the U.S. Court of Appeals. He also referenced Fourth Circuit rulings that support the use of force when officers have “no time to consider anything at all” except their immediate safety and that of the public.
Because Dever found the officers’ actions did not violate the Fourth Amendment, he ruled they are entitled to qualified immunity—a legal protection that shields government officials from civil liability when their conduct does not breach clearly established constitutional rights. His decision means the officers cannot be held personally liable for Johnson’s death under federal civil rights law.
Much of Johnson’s family’s court filings were submitted under seal, including their statements of material facts, expert exhibits, and legal memoranda. Borom also sought to seal portions of his filings, including his body-worn camera footage, deposition transcript, and the evidence report by the State Bureau of Investigation.
Dever said both parties failed to justify sealing the information under the First Amendment standards favoring public access. But he allowed the SBI file to remain sealed.
Attorneys for Johnson’s family and the officers did not respond to a request for comment.
Government reporter Rachel Heimann Mercader can be reached at rheimann@cityviewnc.com.
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