The family of Airman Roger Fortson has filed a federal civil rights lawsuit against multiple parties involved in his May 2024 fatal shooting by an Okaloosa County Sheriff’s deputy.
- Civil rights attorney Ben Crump announced the lawsuit Tuesday at Greater Peace Missionary Baptist Church in Fort Walton Beach, accompanied by Fortson’s mother, Mika Fortson, and other family members.
The lawsuit, filed in the U.S. District Court for the Northern District of Florida, names Sheriff Eric Aden, former Deputy Eddie Duran, Chez Elan FL Property LLC, and a leasing agent identified as “Jane Doe” as defendants. The complaint includes five counts:
- Count 1: Excessive force in violation of the Fourth and Fourteenth Amendments under 42 U.S.C. §1983 against Deputy Duran.
- Count 2: Municipal liability (Monell claim) against Sheriff Aden for alleged failure to train, supervise, and discipline deputies.
- Count 3: Wrongful death under Florida Statute §768.16 against Deputy Duran and Sheriff Aden.
- Count 4: Negligence against Elan Apartments and Jane Doe.
- Count 5: Gross negligence against Elan Apartments and Jane Doe.
Fortson was a 23-year-old active-duty U.S. Airman who was fatally shot inside his apartment on May 3, 2024. The lawsuit states Fortson was lawfully armed in his own home when Duran shot him six times within seconds of Fortson opening his door.
“The gun was in a down position. He was opening the door for what he perceived dangerous,” Crump said during the press conference.
The lawsuit states that Deputy Duran responded to Fortson’s apartment based on information from a leasing agent who reported a disturbance. The complaint alleges the leasing agent provided “unverified and speculative information” that led to the fatal encounter.
- Duran was terminated following an internal affairs investigation that found his use of deadly force violated agency policy. In August 2024, the State Attorney’s Office charged him with manslaughter with a firearm, a first-degree felony punishable by up to 30 years in prison.
The lawsuit seeks compensatory and punitive damages for the alleged violation of Fortson’s constitutional rights and claims his death resulted from negligence by all defendants. According to court documents, a jury trial has been demanded for all claims.
