A civil rights claim against a Fayetteville, N.C., police officer for repeatedly shooting a suspect during an arrest may go forward, the Fourth Circuit ruled.
A reasonable jury could accept the testimony of Herman Harris that Officer Zachary Pittman used excessive force by shooting him two more times after Harris was knocked to the ground by an initial shot to his chest, the court said.
A lower court therefore erred when it found that Pittman was entitled to qualified immunity and dismissed the suit, the U.S. Court of Appeals for the Fourth Circuit said June 18.
There is a “critical ...
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