MARQUETTE — A wrongful death and violation of civil rights lawsuit tied to an incident that led to the death of an Ishpeming man has been dismissed.

On Friday, United States District Court Judge Paul Maloney entered a summary judgment to terminate the suit naming Marquette County and Marquette County Sheriff’s Deputy Keith Romback brought by the family of Clifford Tucker, an Ishpeming man who was fatally shot by Romback in 2016.

The lawsuit, which was brought in the U.S. District Court in the Western District of Michigan, stems from a June 9, 2016 incident in Ishpeming Township. Tucker had reportedly made suicidal statements in a call to the hospital earlier that day, stating that he was in severe pain and was planning to take his own life, according to court documents. Based on this, Romback was dispatched to Tucker’s residence along Silver Street in Ishpeming to make contact with him.

The suit, brought on April 4, 2019, alleged unlawful search and excessive force against Romback as well as a claim against Marquette County.

According to Maloney’s written opinion, Romback did not violate Tucker’s Fourth Amendment rights because “exigent circumstances existed justifying his entry into the home without a warrant.”

Court documents indicate Tucker allegedly stated he was fine and asked Romback to leave multiple times before Romback entered Tucker’s home and Tucker picked up a gun.

“When viewing the totality of the circumstances, it becomes clear that the situation justified Deputy Romback’s entry into the home to attempt to secure Tucker’s safety from himself,” Maloney’s opinion states. “Given the circumstances he was presented with, Deputy Romback acted within the bounds of the Constitution when he entered Tucker’s home and when he used lethal force. And even if he acted unconstitutionally, he acted reasonably. Given this conclusion, there is no liability for Deputy Romback, and in turn, no liability for Marquette County.”

A third count of deliberate indifference to a known serious medical condition brought against Romback and Cpl. Mark Ulvila was dismissed by Maloney in November.

No criminal charges have been issued in relation to the incident. Marquette County Prosecutor Matt Wiese found Romback’s decision to use lethal force against Tucker in self-defense was justified. Wiese’s review of the evidence supported the conclusion that Romback was in danger, and he was the only officer on the scene, a 2019 Mining Journal article states.