Settlement reached in civil trial involving Robbie Tolan and city of Bellaire

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Tuesday, September 15, 2015
Robbie Tolan was shot on New Year's Even in 2008.

BELLAIRE, TX (KTRK) -- A settlement has been reached in a civil trial involving Robbie Tolan and the city of Bellaire.

Tolan, who was unarmed and shot New Year's Eve 2008 outside his parents' home, will receive $110,000.

Police mistakenly believed he was armed and had stolen a vehicle.

He and his family filed a lawsuit against a Bellaire police officer and city officials, alleging unconstitutional excessive force was used when he was shot.

A federal district court judge in Houston granted a summary judgment in favor of Sgt. Jeffrey Cotton and the city, agreeing with their arguments that government officials have immunity from civil lawsuits unless their conduct violated a clearly established right. In 2010, a jury acquitted Sgt. Cotton of criminal charges.