Ninth Circuit revives excessive force lawsuit in 2019 San Jose police shooting
Briefly

The 9th Circuit panel overturned the dismissal of the excessive force lawsuit, stating that Officer Carboni's shooting should be evaluated by a trial jury for possible excessive-force damages.
The attorney of Rosalina Calonge welcomed the decision, emphasizing the violation of Fourth Amendment rights, noting that Carboni had been involved in four fatal police shootings.
The case stands out as other officers on the scene contradicted key facts asserted by the officer who used deadly force, warranting a trial jury to assess the situation.
Despite previous clearance by the DA's office in the fatal police shootings, the appellate court ruled that a reasonable jury could decide that Officer Carboni violated the Fourth Amendment.
Read at www.mercurynews.com
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