An Arizona police officer must stand trial for shooting a woman who was walking in her driveway with a knife, a federal appeals court ruled Monday.
The Ninth Circuit Court of Appeal reversed a lower court that had dismissed the case on a motion for summary judgment. Judge William K. Sessions III said a jury should decide whether the officer used excessive force. He also said the officer was not, without further proceedings in the excessive force case, entitled to immunity.
"(A) jury ... could find that she had a constitutional right to walk down her driveway holding a knife without being shot," Sessions said in the unanimous decision.