LUBBOCK, Texas — A federal judge this week dismissed a pending criminal case against Paul Valderas, 34, of Lubbock.

In January 2017, Lubbock Police said officers approached Valderas in the 3300 block of Grinnell Street.

“The suspect then pulled a pistol out of the waistband of his pants. One of our officers fired his weapon at the suspect, striking him,” police said.

Valderas sued Lubbock Police and the officer who shot him. He later dropped the lawsuit.

In the suit, he claimed he was throwing the gun away and he was not a threat to officers at the moment he was shot. The lawsuit also said he was permanently paralyzed from the chest down as a result of the shooting.

Valderas was convicted as a felon in possession of a firearm in state court and sentenced to 10 years in state prison. The U.S. Department of Justice filed a motion this week to dismiss the federal charge.

Prosecutors wrote in court records, “Department of Justice policy precludes the continuation of a federal prosecution following a prior state prosecution based on substantially the same act or transaction.”