MARTINSBURG, W.Va. —A $200 million wrongful-death lawsuit filed by the family of a man who was fatally shot by Martinsburg police officers is heading back to U.S. District Court for further proceedings after a ruling from the U.S. 4th Circuit Court of Appeals in Richmond, Va.
The appellate court cited technical reasons for reaching a 2-1 decision in the case.
An unpublished opinion filed Wednesday came after the court heard oral arguments in March challenging the dismissal of the lawsuit.
Jones, 50, died after being shot 22 times by five Martinsburg Police officers on March 13, 2013.
A Berkeley County grand jury declined to indict the officers who shot Jones in October of that year.
In October 2014 the lawsuit filed on behalf of Jones’ estate was dismissed in U.S. District Court, and the city’s motion for summary judgment in the case was granted.
The lawsuit alleges that police violated Jones’ constitutional rights when they used excessive and unreasonable force.
In a 48-page brief filed in February, an attorney for Jones’ estate at the time contended that the federal district court erred in reaching its decision to grant a summary judgment based on technical grounds.
It asked the appellate court to reverse the decision and send the case back to district court so it can proceed to trial and be decided on its merits.