Federal Appeals Court Reopens Wrongful Death Lawsuit

Follow KDKA-TV: Facebook | Twitter

CINCINNATI (AP) - A federal appeals court has revived a wrongful-death lawsuit against two Ohio police officers who shot and killed an armed man standing on his porch.

A three-judge panel at the Cincinnati-based U.S. Sixth Court of Appeals found there were enough questions about the shooting to restore claims. The Blade reports (http://bit.ly/2wuU0b3) the court upheld an earlier dismissal of claims against the city of Bellevue.

Bellevue Patrolman Erik Lawson and Sgt. Jeffrey Matter were not disciplined for the 2010 shooting of James David, who was holding a loaded gun when the officers confronted him.

The court ruled there were questions about whether David pointed his gun at the officers and whether Lawson and Matter should have continued firing after David fell to the ground.

___

Information from: The Blade, http://www.toledoblade.com/

(Copyright 2017 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)