TWIN FALLS, Idaho — A Twin Falls couple is suing the Twin Falls Police Department over a shooting incident that occurred in January of last year. According to court documents, officers shot Matthew Livingston at his front door while he was holding a rifle.
The incident occurred shortly after midnight on January 11, 2024, when two 911 calls reported sounds of gunshots in a rural residential area along Hankins Road. The second caller claimed to have witnessed a man, believed to be Livingston, shooting an object in their front yard toward a vacant field.
Local authorities stated that discharging firearms within Twin Falls city limits is a misdemeanor. A police spokesperson tells Idaho News 6 that officers respond to calls reporting gunfire in the neighborhood.
Three officers from the Twin Falls Police Department arrived at the scene but the complaint alleges they did not activate emergency lights or sirens. Instead, it says they parked down the street and approached the home on foot. Livingston contends that he was unaware of the officers' presence when he approached his front porch holding his AR-15 rifle in what the complaint describes as a "non-shooting position." He claims Officer Tyson Infanger fired two shots without warning, one of which struck him in the lower torso.
In the lawsuit, Livingston alleges that Infanger did not identify himself as law enforcement and failed to declare intent to use deadly force, both of which are outlined in the Twin Falls Police Department's policy manual. Livingston asserts that he did not knowingly or intentionally refuse any commands made by the officers prior to being shot. He was rushed to the hospital for emergency surgery and reports that he is still recovering.
In their response, the officers denied claims regarding the positioning of the rifle. They also denied claims they did not identify themselves during the encounter. A Critical Incident Task Force investigation concluded that the officers acted justifiably.
Livingston and his wife, Nicole Thompson, are seeking compensation for lost work time, medical expenses, and emotional distress resulting from the incident. Court records show that both parties are currently pursuing mediation.
Attempts to reach attorneys for both sides for comment have not yet received a response.
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