Harrison Lambert

MERRIMACK – Two Merrimack police officers, William Gudzinowic and Matthew Tarleton, as well as the town itself are named in a lawsuit regarding the fatal police shooting of Harrison Lambert, a man killed in a 2015 incident.

The lawsuit brought by Harrison Lambert’s father, Gregory Lambert, is now in the discovery phase in U.S. District Court in Concord. Gregory Lambert claims the two officers used excessive force when they shot and killed his 23-year-old son during a violent 2015 encounter, according to the lawsuit.

The shooting was deemed justified by the New Hampshire Attorney General’s Office, which investigated the matter in the months following Harrison Lambert’s death.

Gregory Lambert called 911 on Sept. 3, 2015 to report his son was threatening him with a knife. Harrison Lambert had extensive mental health problems that rendered him disabled, according to the lawsuit, filed on Gregory Lambert’s behalf by Manchester attorney Larry Vogleman.

“Harrison Lambert was a ‘qualified individual’ with a disability under the (Americans with Disabilities Act) and Rehabilitation Act in that he was emotionally and psychologically impaired to the extent that his ability to perform tasks of daily living, care for himself and control his mental health condition were impaired,” Vogleman wrote in the lawsuit, first filed in court last year.

The lawsuit contends that both Gudzinowic and Tarleton knew about Harrison Lambert’s mental health problems and disability when they responded to the 911 call. According to both the lawsuit and the AG’s report, Harrison Lambert was brandishing a knife when the officers got to the Lambert home that day.

Harrison Lambert had reportedly stopped taking his medications in the days leading up to the incident, and was not sleeping, according to the records. During the incident, in which Harrison Lambert reportedly threatened his father, police repeatedly commanded him to drop the knife, according to the records.

At one point, and for no explicable reason, Harrison Lambert ran at the officers while holding the knife down to his side, according to the lawsuit. Gudzinowic and Tarleton responded by firing a total of eight shots at Harrison Lambert, killing him. A third officer at the incident, Richard McKenzie, did not fire his weapon.

The AG’s investigation found the shooting to be legally justified under the law.

“Both men stated they feared for their lives and the lives of their fellow officers when they fired,” the AG’s report states.

According to the AG’s report, Merrimack police had a number of violent encounters with Harrison Lambert in the years leading up to the shooting.

“At the time the 911 call came in from the Lambert house on September 3, 2015, all three responding police officers immediately recalled past contact that they or other officers had with Harrison Lambert, which included resisting arrest, a foot pursuit involving a knife, and a suicide attempt. Lt. Tarleton said he knew Harrison was ‘unpredictable,’ while officer Gudzinowic stated that he was on ‘high alert,'” the AG’s report states.

The lawsuit maintain the officers violated Harrison Lambert’s civil rights by inflicting excessive bodily harm on him, and by the town not having policies and procedures in place before the incident to accommodate his mental disability. The lawsuit is seeking punitive and compensatory damages, but does not state a dollar amount.

Damien Fisher can be reached at 594-1245 or dfisher@nashuatelegraph.com or @Telegraph_DF.