The Albuquerque Journal reports Mateo Romero’s case now is before the New Mexico Court of Appeals over public records and police immunity from liability.
Romero filed a lawsuit alleging the violation of his constitutional rights in 2014 that he says began when his Shih Tzu defecated in his car. Romero told The Associated Press a Santa Fe officer pointed a rifle at him during the bizarre misunderstanding.
Last year, a judge ruled an officer’s belt recorder showed the officer acted properly.
However, officials had told Romero’s lawyer no belt recording existed.
Mateo is an award-winning painter whose work has been exhibited in Canada and the United States.