A federal judge has ruled that a woman?s lawsuit against the FBI, claiming an agent mistakenly shot her boyfriend, can proceed.
U.S. District Court Judge J. Frederick Motz said a trial court should decide whether FBI Special Agent Christopher Braga acted recklessly.
Motz?s decision is signed Dec. 29 and was publicly posted on the U.S. District Court Web site on Jan. 5.
At issue are events that occurred in Anne Arundel County in 2002, when FBI agents pulled over Kristen Harkum and Joseph Schultz, mistakenly believing that Shultz was a bank robber.
Braga shot Schultz, who had to undergo surgery to repair damage to his head, face and mouth, according to court records.
Braga said he believed Schultz was reaching for a weapon, but Schultz said he simply reached to unlock his door.
In an earlier related suit about the incident, a U.S. District Court judge ruled in favor of the government when Harkum claimed a violation of her constitutional rights.
In the current suit, which was filed under the Federal Tort Claims Act, Harkum is claiming the stress of the incident traumatized her, making it impossible for her to study and work.
The Associated Press contributed to this article.
