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A federal judge has dismissed a pending criminal case against a Lubbock man who was shot by police.

Back in January of 2017, 34-year-old Paul Valderas was approached by officers in the 3300 block of Grinnell Street. KAMC News reports that Valderas pulled a pistol out of his waistband, and an officer fired his weapon at him.

Valderas sued LPD and the officer, but later dropped the lawsuit. Valderas claims he was throwing the gun away and was not a threat to officers. He was also permanently paralyzed from the chest down as a result of the shooting.

Valderas was convicted as a felon in possession of a firearm and sentenced to 10 years in state prison, but the US Department of Justice filed a motion to dismiss the charge.

Prosecutors wrote that Department of Justice policy prevents the continuation of a federal prosecution following a prior state prosecution based on substantially the same act.