LINCOLN, Neb. (AP) — A federal judge has dismissed the lawsuit of a Beatrice man who was shot several times in 2018 by a U.S. marshal in Lincoln.

U.S. District Judge Joseph Bataillon dismissed Thomas Sailors’ case last week, saying in his order that nothing supported Sailors’ allegation that he was asleep when Deputy Marshal Paul Keyes fired 19 rounds at him, the Lincoln Journal Star reported.

In fact, Bataillon said, video of the incident showed Sailors was behind the wheel of a sport utility vehicle that he revved and rammed into a police cruiser when he was shot.

Lincoln police have said two of its officers and Keyes tried to serve Sailors with a warrant Jan. 5, 2018, while Sailors was in the SUV in an apartment building parking lot. Police say that as Sailors drove away, he hit at least four cars, including one driven by the U.S. marshal. The marshal then fired shots into the SUV, wounding Sailors.

Sailor recovered from his wounds and was sentenced last year to five years in prison for assaulting an officer and operating a motor vehicle to avoid arrest.

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