In a 3-0 ruling, the U.S. 9th Circuit Court of Appeals denied a Riverside County Sheriff's sergeant's claim to use qualified immunity to dismiss a lawsuit.
A California judge on Thursday denied an appeal for qualified immunity from a Riverside County Sheriff’s Department sergeant who is accused of shooting and killing a man with excessive force.
Those discrepancies create factual disputes for a jury to resolve, the U.S. 9th Circuit Court of Appeals in San Francisco said. But the court also precluded Ponder’s request to have the case dismissed on the grounds of What is qualified immunity, the court creation that keeps cops from being sued over civil rights abuses?
“Whichever the case, Ponder, without issuing a warning, shot Najera six times from no more than 15 feet away,” McKeown wrote, adding that though Ponder claims Najera faced him during the shooting, the bullet paths suggest he “turned away from the officer and was falling to the ground when the bullets struck.”
Riverside County Sheriff’s Department spokeswoman Sgt. Brandi Swan said Friday the department “respectfully disagrees with the 9th Circuit Court’s ruling.”
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