A federal appeals court heard arguments on Wednesday about whether a lawsuit should survive against a Phoenix police officer who fatally shot a teen suspect in the back as he ran away in 2019.
The lawsuit filed by the family of Jacob Harris was dismissed last year by a district court judge who ruled that no reasonable jury would find that the officer’s actions were unjustified.
“Is that a disputed fact? You clearly see something flying from his hand,” asked Judge Joseph Bumatay. He’s referring to former homicide detective Jennifer DiPonzio, who’s now part of a growing scandal involving mishandled evidence going back years.The city has repeatedly told criminal and civil courts that health issues prevent her from testifying in any way.
The young defendants took plea deals and were sent to prison. Their families and criminal justice reform activists now want those pleas thrown out and the defendants released.
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