A federal judge ruled that the assistant police chief of a small Alabama town cannot be sued for shooting and killing his unarmed neighbor two years ago.

U.S. District Judge Emily C. Marks last week ruled that Mason Adcock, the assistant chief in Luverne, is entitled to qualified immunity. She made the ruling in an opinion and order dismissing a federal lawsuit filed by the family of Channing Spivey.

Spivey was a 34-year-old cancer patient who was recovering from brain surgery and behaving erratically when Adcock shot and killed him on May 27, 2020.

“The Court recognizes that Spivey’s erratic, aggressive, non-compliant behavior may have been due to his medical condition,” the judge wrote in the opinion. “However, notwithstanding the source of Spivey’s behavior, a reasonable officer has a responsibility to protect the community when confronted by a dangerous suspect.”

Griffin Sikes, the civil rights attorney who sued Adcock on behalf of Spivey’s family, said they will appeal to the Eleventh Circuit Court of Appeals.

Adock’s attorney Mickey McDermott said his client shot Spivey in defense of himself and others.

“Mason Adcock and his family are relieved this is behind them,” McDermott told AL.com. “The family regrets the loss of life. It was a tragedy. But the court made it clear the young man brought this tragedy on himself.”

[Read more: Grand jury declines to charge assistant police chief who fatally shot his neighbor]

On the afternoon of the shooting, Spivey’s family called 911 and asked for help from emergency medical workers because he was still suffering the effects of brain cancer and surgery: irritability, aggression and bizarre behavior.

A Crenshaw County deputy accompanied an ambulance to the home where Spivey lived with his brother and his brother’s girlfriend on a country road just a few miles outside Luverne.

Spivey broke a window on the deputy’s patrol vehicle and the windshield on the ambulance, injuring an EMT when shattered glass struck his eyes. The deputy tased Spivey, but he wasn’t subdued. The deputy drew his gun and said he’d have to shoot Spivey unless he got on the ground.

Adcock got involved when Spivey’s brother’s girlfriend ran across the road to ask for help at the assistant police chief’s house. Adcock, who was not on duty, went outside and found the deputy and Spivey in his driveway.

When Spivey, who was unarmed and wearing only swim trunks, took a step toward the lawmen, Adcock shot and killed him. The deputy did not fire his weapon.

Spivey’s family denied that he ever harmed Adcock or the deputy. The judge wrote that Spivey “struck Adcock at least three times,” saying the family did not witness that portion of the encounter.

Spivey’s interactions with the police were not recorded on video.

The judge wrote that during the scuffle, Adcock pushed Spivey backward. From six to 10 feet away, Adcock fired six shots, hitting Spivey five times. Adcock fired the fatal shots less than a minute after the deputy ran onto his property.

“Spivey engaged in violent behavior in a residential neighborhood and was unpredictable, non-compliant, and dangerous,” Judge Marks wrote. “The Court cannot say that Adcock violated clearly established law. Accordingly, Adcock is entitled to qualified immunity on (the) Fourth Amendment excessive force claim.”