Federal Court Allows Suit Over Kentucky Police Shooting: Internal Affairs News at Officer.com

Federal Court Allows Suit Over Kentucky Police Shooting

Updated: April 19th, 2007 12:35 PM EDT


By BRETT BARROUQUERE
Associated Press Writer

A federal appeals court refused to dismiss a lawsuit against a former Louisville police officer Monday, saying he acted in "bad faith" when he fatally shot a 19-year-old man three years ago.

McKenzie Mattingly lacked justification to shoot Michael Newby in January 2004 during an undercover drug buy, the 6th U.S. Circuit Court of Appeals in Cincinnati said. The court's decision upholds a ruling by U.S. District Judge Charles Simpson, who allowed Newby's family to sue Mattingly.

In a unanimous opinion, a three-judge panel said Mattingly overreacted in shooting Newby as he fled from an undercover drug deal gone bad.

Federal Court Allows Suit Over Kentucky Police Shooting: Internal Affairs News at Officer.com.

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