Post by Logan on Dec 6, 2016 10:51:54 GMT -6
Appeals court reinstates lawsuit over University of Arizona police shooting
A woman shot four times will get another chance to prove the University of Arizona police officer used excessive force.
The 9th U.S. Circuit Court of Appeals on Monday reinstated the lawsuit that Amy Hughes had filed against Andrew Kisela following the 2010 incident. Judge William Sessions, writing for the unanimous three-judge panel, said it was wrong of a trial judge to have thrown the case out before a trial — and before jurors get to decide whose version of events to believe.
And Sessions said that if jurors believe Hughes’ version they could simply conclude that she “had a constitutional right to talk down her driveway holding a knife without being shot.”
Sessions also said that Kisela was not automatically entitled to qualified immunity.
Read more: azcapitoltimes.com/news/2016/11/29/appeals-court-reinstates-lawsuit-over-university-of-arizona-police-shooting/
A woman shot four times will get another chance to prove the University of Arizona police officer used excessive force.
The 9th U.S. Circuit Court of Appeals on Monday reinstated the lawsuit that Amy Hughes had filed against Andrew Kisela following the 2010 incident. Judge William Sessions, writing for the unanimous three-judge panel, said it was wrong of a trial judge to have thrown the case out before a trial — and before jurors get to decide whose version of events to believe.
And Sessions said that if jurors believe Hughes’ version they could simply conclude that she “had a constitutional right to talk down her driveway holding a knife without being shot.”
Sessions also said that Kisela was not automatically entitled to qualified immunity.
Read more: azcapitoltimes.com/news/2016/11/29/appeals-court-reinstates-lawsuit-over-university-of-arizona-police-shooting/