SAN DIEGO (AP) — A federal appeals court has reinstated a lawsuit by the family of an unarmed man who was killed by San Diego police four years ago.
The 9th U.S. Circuit Court of Appeals found Thursday there were questions about the officer’s credibility and whether the use of force was “objectively reasonable.” It also opened the way for the family to question how San Diego police investigate their shootings.
The city attorney’s office says it’s reviewing the decision.
The wrongful death suit followed the 2015 death of Fridoon Nehad, an Afghani immigrant with a history of mental illness.
The 42-year-old was shot in an alley. The officer said he thought Nehad had a knife. He actually was holding a pen.
Authorities ruled the shooting justified. A judge dismissed the suit in 2017.