A lawsuit filed by the widow of Lindani Myeni, who was shot and killed by Honolulu police in 2021, was dismissed Tuesday by a Honolulu judge who said there was no evidence police had violated Myeni’s constitutional rights. 

The 29-year-old was fatally shot by two officers after a physical altercation outside of a Honolulu vacation rental on April 14, 2021.

Attorneys for Myeni’s widow, Lindsay Myeni, say officers did not announce they were police when they approached Myeni that night. They also shined high-intensity flashlights in his face, so he couldn’t see who they were.

Myeni attacked the officers who tried to stop the fight using tasers and non-lethal measures. But three officers were injured including one critically. Two officers fired their weapons at Myeni as he continued to beat one officer who was on the ground. 

The Honolulu Prosecutor’s Office investigated the case and concluded the officers were justified and likely saved the life of the third officer by shooting Myeni.

First Circuit Court Judge Karin Holma granted the city’s motion for a directed verdict, meaning the judge ruled in the city’s favor before the case could be submitted to the jury. Holma ruled there was no evidence to support that police officers “recklessly disregarded” Myeni’s constitutional rights. 

The ruling came after seven days of testimony, according to Lindsay Myeni’s lawyers. 

One of the attorneys, James Bickerton, said he disagreed with the judge’s ruling. 

Attorneys argue that because Myeni didn’t know the people approaching him were officers, he thought he was being mugged and was justified in defending himself.

“Myeni punched (the officer), and then 16 seconds later, he’d been shot four times for punching the officer,” Bickerton said. “His punch was legal. It was lawful because he was unlawfully being attacked.” 

There was no testimony this week because three jurors were sick with Covid, and attorneys worried a mistrial might have been possible, Bickerton said.

The case went to trial July 14 after Honolulu City Council members declined to vote on a settlement last fall. Council members had been poised to approve the $1.5 million settlement, but Council Chair Tommy Waters canceled the vote in November, saying the matter should be taken up by the courts. Dozens of police officers had appeared at a previous meeting to show strong opposition to the settlement.

Honolulu Prosecuting Attorney Steve Alm cleared the two officers involved in the shooting in June 2021 and said their use of force was justified. 

Bickerton said his team of attorneys will file an appeal within 30 days. 

Myeni was a former rugby player from South Africa who lived in Hawaiʻi with his wife and two small children.

Bickerton described Myeni’s wife as “strong and resilient.” 

“She has great faith that some kind of justice will someday be done,” he said.