In an opinion signed Thursday, U.S. District Judge Thomas Russell granted a summary judgment for the defendants - including Police Chief Randy Bratton and officer Rob Hefner - based on several factors.

Russell concluded that Hefner had reasonable suspicion to detain Lee after Lee ran instead of responding to Hefner's request to stop. He also concluded that Hefner did not use excessive force.

There also was not enough evidence to support violation of Lee's 14th Amendment rights of due process and equal protection of the law, Russell ruled.

Russell rejected Lee's claim that he was targeted because of his race, and there was no proof that Hefner's conduct was intended to cause extreme emotional disturbance.

Audrey Lee, a lawyer who is Jose Lee's sister, said Friday that she was disappointed with the decision. She said she wanted to talk to her father, Arthur Lee, and her attorney, Lisa DeRenard, before commenting further.

DeRenard said Friday that she had not had a chance to read the opinion, nor had she discussed the possibility of an appeal with the family.

It was Audrey Lee and Arthur Lee who saw Hefner struggling with Jose Lee on March 23, 2002, from their back porch. They told Hefner that Jose Lee was autistic and posed no threat.

Hefner remained on top of Jose Lee until other Paducah police officers arrived from one to four minutes later. Once another officer recognized Lee, Hefner released him.

Hefner had been an officer for about a year at the time. He had no previous complaints against him.

Within days of the confrontation, Bratton apologized to the Lee family. Hefner was cleared of wrongdoing by a departmental investigation but did receive a written reprimand for failing to complete a vehicle/pedestrian stop form and a use-of-force report.

City Attorney Stacy Blankenship of Denton & Keuler said Friday that the situation was unfortunate. "But there was no way the officer could have known about the unfortunate part of it," she said. "He was just doing his job."

The suit, filed in November 2002, was scheduled to go to trial March 9, but a delay was granted in mid-February. Russell told both sides he would respond to the request for a summary judgment by March 23.

In his 18-page opinion, Russell said the question of whether Hefner had reasonable suspicion to stop Lee was an extremely close call. "... The officer's actions are flush against the line that protects citizens from harassment from the police," he wrote.

Blankenship said Hefner didn't cross the line, "but he could not have done much more than this."

Jose Lee's pacing, wearing a black leather jacket, gloves and a baseball hat and being noticed in what police call a high-crime area are not reasonable suspicion of anything, Russell wrote. The confrontation happened in Lee's back yard around dusk near 8th and Madison streets in the Lowertown area.

The area is what police call Zone 1, which has more crime than any other zone, including a disproportionate number of residential burglaries and drug offenses, according to court records.

"Mr. Lee's actions - his attempt to avoid Officer Hefner after the latter spoke to him - were sufficient, barely, to provoke reasonable suspicion ...," Russell concluded.

Jose Lee, 42 at the time, has severe autism and the mental capacity of a young child.

Blackenship argued that at least reasonable suspicion and perhaps probable cause to detain Jose Lee existed because he allegedly attempted to or actually struck Hefner. But it's possible Jose Lee did not realize Hefner was an officer, Russell concluded.

There was concern the case could have a chilling effect on how officers respond to calls, causing them to consider autism or other disabilities the person could have, Blankenship said.

"Having to go through this," she said, "was difficult on both sides."