A federal judge has granted qualified immunity to a Jefferson County sheriff’s deputy who shot a Golden man during a predawn raid, ruling that the shooting did not violate the man’s constitutional rights. The injured man has moved to appeal. U.S. District Court Chief Judge Regina M. Rodriguez issued the ruling Sept. 21 in a lawsuit brought by Dustin J. Ullerich against then-Deputy Anthony Brown. Ullerich filed a notice seeking an appeal on Tuesday, according to the court record described in the case. The shooting happened around 4 a.m. on Nov. 7, 2019, as Jefferson County Regional SWAT officers executed arrest warrants at 19 locations in an investigation involving Hells Angels Motorcycle Club members accused of assault, kidnapping and other felonies. Officers went to Ullerich’s home as part of the operation. Golden police Sgt. Mark Donohue led the team at the house. Although Ullerich had no criminal history, Donohue had been told he tended to carry a gun. Officers struck the front door with a battering ram and broke side windows while Donohue called out that they were from the sheriff’s office and ordered Ullerich to come to the door. After the ram failed to open the door, Brown prepared a breaching shotgun. He fired as Ullerich opened the door, hitting him in the stomach. Ullerich underwent multiple surgeries, had part of his small intestine removed and spent six weeks in the hospital. He nearly died from blood loss. Brown sought to end the lawsuit without a trial, arguing his actions were reasonable. A firearms instructor who reviewed video said Brown could not have recognized that Ullerich was opening the door in time to avoid firing. Ullerich’s expert, a former Michigan police chief, argued that using the shotgun while officers were directing Ullerich to the same door conflicted with nationally accepted SWAT standards. Rodriguez concluded that Ullerich had not identified prior court decisions that would have clearly warned Brown that firing under these circumstances violated the Fourth Amendment. She also found that, given the allegations against Ullerich, the information that he might be armed and the close distance between the men, an officer could have viewed the encounter as an immediate threat. Qualified immunity can protect government employees from civil liability unless their conduct violates a legal right that was clearly established by prior court rulings. Rodriguez wrote that Brown faced a sudden, rapidly unfolding situation and that even a mistaken belief that Ullerich was armed could make the use of force reasonable under the circumstances. The case is Ullerich v. Brown. The ruling leaves the shooting’s circumstances at the center of the dispute as Ullerich seeks review by an appeals court.