Family of US airman from Atlanta killed in Florida filing lawsuit

FORT WALTON BEACH, Fla. - The family of a 23-year-old U.S. Airman fatally shot by a Florida deputy in the doorway of his apartment announced a federal civil rights lawsuit over his death on Tuesday.

It's been more than a year since Roger Fortson was killed by a deputy in Okaloosa County who was responding to a disturbance in progress call at his apartment complex that turned out to be false.

The lawsuit was filed in the U.S. District Court for the Northern District of Florida and names as defendants the Okaloosa County Sheriff’s Office, Deputy Eddie Duran, the Elan Apartments where Fortson resided, and a leasing agent identified as Jane Doe. It alleges excessive force, municipal liability, wrongful death, and negligence under both federal and Florida law.

The backstory:

Fortson was shot and killed on May 3, 2024, when Deputy Eddie Duran responded to a call at the Elan Apartments in Fort Walton Beach. 

After repeated knocking, Fortson opened the door while holding his handgun at his side, pointed down. Authorities say Duran shot him multiple times before telling Fortson to drop the gun.

According to the lawsuit, Fortson posed no threat when Duran opened fire within seconds of Fortson answering the door.

Family of Sr. Airman Roger Fortson demand justice

The family of Senior Airman Roger Fortson gathered in Stonecrest Thursday to release new details about his death at the hands of a Florida sheriff’s deputy earlier this month. An investigation is underway, but the family continues to maintain that the deputy was at the wrong apartment when Fortson was shot and killed in his front doorway. The news conference came just ahead of his wake and funeral.

The complaint accuses the Okaloosa County Sheriff’s Office of failing to properly train and supervise its deputies. It also alleges that apartment staff gave deputies "misleading and unverified" information that led to the deadly encounter.

MORE: Shrine, tributes grow for Atlanta airman killed by Florida deputy

What they're saying:

In a release announcing the press conference, Crump says his lawsuit will contend that Duran used "excessive and unconstitutional deadly force" in the shooting.

"Roger Fortson was a proud service member, a loving son, and a young man with his whole life ahead of him. He deserved to feel safe in his own home. Instead, he was killed where he should have been safest, based on hearsay and bias. This lawsuit is about justice for Roger and accountability for those responsible for his needless death," attorney Ben Crump said. 

The family and their attorneys, including Crump and Natalie Jackson, spoke at the news conference Tuesday at Greater Peach Missionary Baptist Church in Florida.

Family filing lawsuit over Atlanta airman death

The family of Roger Fortson has filed a federal civil rights lawsuit, claiming he posed no threat when shot by Deputy Eddie Duran. The lawsuit accuses the Okaloosa County Sheriff’s Office of inadequate training and supervision of deputies, and alleges misleading information from apartment staff led to the shooting.

The other side:

The Okaloosa County Sheriff’s Office has not publicly commented on the lawsuit.

Dig deeper:

Duran, 39, began his law enforcement career as a military police officer in the Army. An Oklahoma police department hired him in 2015 after his military discharge. He joined the Okaloosa County sheriff’s office in 2019, resigned two years later and then rejoined the sheriff’s office in 2023.

Okaloosa Sheriff Eric Aden fired Duran after Fortson’s death because an internal investigation concluded Duran’s life was not in danger when he opened fire.

"This tragic incident should never have occurred," Aden said in a statement announcing Duran's firing. "The objective facts do not support the use of deadly force as an appropriate response to Mr. Fortson’s actions. Mr. Fortson did not commit any crime. By all accounts, he was an exceptional airman and individual."

Duran has pleaded not guilty to a charge of manslaughter. The case is in the pretrial hearing phase, with a hearing on motions set for May 20. Duran is out of jail on bond.