MARTINSBURG, W.Va. – An appeal in the case of a Virginia man fatally shot by Martinsburg police in 2013 is expected to go before the U.S. 4th Circuit Court of Appeals in Richmond, Va. next year.
The $200 million lawsuit stemming from the death of Wayne Jones, 50, was dismissed by U.S. District Judge Gina Groh in Oct. 2014, but the appellate court deferred action on a motion to dispose of the case back in May.
Oral arguments are tentatively scheduled during the March 22-25 argument session, according to reports.
The lawsuit alleges that police violated Jones’ constitutional rights when they used excessive and unreasonable force.
It also claims negligence and wrongful death, and that the rights of Jones’ family members were violated.