Erma Johnson’s quest for justice following the tragic death of her son has been dealt a significant blow. On January 28, 2026, the Arizona Court of Appeals affirmed a summary judgment in favor of the State of Arizona and Trooper George Cervantes, dismissing all claims brought by Erma Johnson. The lawsuit was filed in May 2021 in Maricopa County Superior Court after Erma’s son, Dion Johnson, was fatally shot by Trooper Cervantes during an altercation on May 20, 2020.
The incident unfolded when Trooper Cervantes encountered Dion Johnson asleep in his car at a freeway on-ramp. Noticing signs of intoxication and a firearm within reach, Cervantes attempted to arrest Dion. A struggle ensued, during which Dion allegedly reached for the officer’s weapon, prompting Cervantes to shoot him. Erma Johnson filed suit against the State and Cervantes, claiming wrongful death due to excessive force and negligence.
Erma’s lawsuit included claims under 42 U.S.C. § 1983 for civil rights violations, arguing that Trooper Cervantes escalated a routine traffic stop into a fatal encounter without due process. However, the court ruled that Cervantes acted with legitimate law enforcement objectives and was protected by qualified immunity since his actions did not “shock the conscience.” Despite Erma’s assertions of credibility issues with Cervantes’ testimony and disciplinary history, the court found no material facts to dispute his account.
In addition to federal claims, Erma pursued state law claims for wrongful death based on assault and battery as well as negligence. The court found that Trooper Cervantes’ use of deadly force was justified under Arizona law as he reasonably believed it necessary to protect himself from imminent harm during the altercation with Dion. The court also rejected negligence claims against both Cervantes and the State, citing precedent that precludes negligence claims arising from intentional acts like shootings.
Ultimately, without establishing any tortious conduct by Trooper Cervantes or viable underlying tort claims against him or the State, Erma’s case could not proceed. Her derivative loss of consortium claim also failed as it depended on these underlying torts being proven.
Representing Erma Johnson were attorneys Alexander R. Arpad from Al Arpad Esquire and Stephen D. Benedetto from The People’s Law Firm PLC. Defending the State and Trooper Cervantes were Douglas C. Northup and Emily A. Ward from Fennemore Craig P.C., with Judge Scott A. Blaney presiding over the initial trial proceedings under Case ID CV2021-008186.
Source: 1CACV250271_Johnson_v_State_of_Arizona_Opinion_Arizona_Court_of_Appeals.pdf
