Court: Judge was wrong to dismiss lawsuit against city of Arlington over taser death

Taser Taser Taser
Photo credit Jupiterimages/GettyImages

The 5th Circuit US Court of Appeals rules a judge was wrong to dismiss a lawsuit against the city of Arlington over a taser death five years ago.

The lawsuit is over the death of Gabriel Olivas. Reports say Olivas was at his home in 2017 and was acting suicidal, he had poured gasoline over himself.

Police were called and although two of the officers were warned about the liklihood of a fire if they used a taser on Olivas, they did it anyhow. A fire started and Olivas burned to death.

The family sued the officers and the city of Arlington.

Initially the 5th Circuit sent the case back to a federal judge with orders to dismiss the two officers on grounds of qualified immunity. But the judge also dismissed the complaint against city.

The Appeals court said that was wrong and reversed the dismissal against Arlington and sent the case back to the court, although an attorney for the family would not be surprised if there were further appeals.

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Featured Image Photo Credit: Jupiterimages/GettyImages