A $3 million judgment against the City of Binghamton in connection with a police shooting is thrown out.

The U.S. District Court for the Northern District of New York has set aside the jury verdict, saying there was no basis for the decision that claimed a City Police Officer committed battery and used excessive force in shooting Jesus Ferreira, who was unarmed, while executing a search warrant on Vine Street in August of 2011.

Police had been looking to arrest another man in connection with a narcotics investigation when they encountered Ferreira at the home on August 25 at 6:45 a.m.

Authorities had used a battering ram to get into the house and ordered Ferreira to get down.

Officer Kevin Miller said he shot Ferreira once when the man ignored commands to get down, had something in his hand, which turned out to be a remote, and kept coming toward authorities.

Ferreira was never charged with a crime.

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