SAN FRANCISCO — CNN reported that the 9th U.S. Circuit Court of Appeals rejected a former Bay Area Rapid Transit District (BART) officer's claim of immunity in the shooting death of Oscar Grant. The ruling allows Grant's father to sue over the killing.
Johannes Mehserle was convicted of fatally shooting Grant in the back on New Year's Day in 2009 as he lay on a platform at the Fruitvale BART Station in Oakland.
Mehserle’s claim stated that "the facts overwhelmingly show that he was acting consistently within the legitimate law enforcement objective of arresting Grant." The court upheld a lower court ruling that found there was a "genuine issue" as to whether the former officer's actions were required for a legitimate law enforcement purpose. For the full story, click here.
Court: Ex-BART worker who killed Oscar Grant not immune from lawsuit
The 9th U.S. Circuit Court of Appeals rejected Johannes Mehserle's claim of immunity, which stated that the facts in the case showed he “was acting consistently within the legitimate law enforcement objective of arresting Grant." The ruling allows Grant's father to sue over the killing.
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