Your first paragraph is totally irrelevant to this suit. He could in all reality be found guilty and still win his suit.
Krazy without going through the hassle of quoting your post on my phone, he was instructed by a civilian dispatcher, not a cop. Not that that changes much.
People also need to realize “You don’t need to do that” is basically the ONLY answer that 911 could give without opening themselves up to liability, so people need to stop using that as an arguement. If the dispatcher said not to follow and it turned out he was comiting a crime it would open them to liability, or vice versa if he wasn’t a criminal. So instead they gave a safe answer that didn’t actually instruct anything.