Appeals court allows lawsuit against officer to continue
TOPEKA, Kan. (WIBW) - An appeals court will allow a lawsuit against a Topeka Police officer to move toward trial.
The Tenth Circuit U.S. Court of Appeals ruled this week it did not have jurisdiction to consider an appeal from Officer Christopher Janes. Janes wanted them to review a U.S. District Court ruling, denying him qualified immunity in a civil lawsuit filed by Timothy Harris.
Harris claims his constitutional rights were violated during an arrest in January 2018, when he was taken to the ground and pepper sprayed. Harris says he was cooperating, but Janes contends Harris swung an elbow at him, and grabbed at weapons on his duty belt.
The Appeals Court decision send the case back to the lower court for further proceedings.
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