A Lubbock man has moved to dismiss a lawsuit against the City of Lubbock relating to an officer shooting him back in January of 2017.

Paul Anthony Valderas was initially suspected of narcotics violations and was later charged with convicted felon in possession of a firearm.

Police closed in on Valderas in the 3300 block of Grinnell Street and he displayed a gun. Valderas claims he disarmed himself, but was shot anyway by LPD Officer Billy Mitchell, paralyzing Valderas from the chest down.

Valderas asked a federal judge to dismiss the lawsuit against Mitchell after he could not "properly respond or amend his complaint against the City of Lubbock."

According to KAMC News, Valderas was unable to obtain the key witness' sworn statement due to them not maintaining consistent sobriety or a stable physical address.

A judge had ruled that Mitchel could be dismissed from the lawsuit even before the issue with the witness.