TULSA, Okla. — Ten years after the fatal shooting of Terence Crutcher by a then-Tulsa police officer, an appeals court is allowing a civil lawsuit to move forward.
Family and friends gathered for a news conference to celebrate the latest step in the fight for justice.
“I remember that with clarity and conviction, we would not let injustice win,” said his sister, Tiffany Crutcher. “Today is proof, persistence matters.”
In September 2016, Crutcher was stopped by police when his SUV stalled in north Tulsa. Family members say he was on his way home from Tulsa Community College.
Although he was unarmed and seen on body camera footage with his hands up, Officer Betty Shelby testified that she believed he had a gun and ignored commands.
She shot and killed him, but was acquitted of manslaughter.
A lower court lawsuit was dismissed, citing qualified immunity. Qualified immunity shields officers from lawsuits when certain thresholds are met.
However, the 10th Circuit Court of Appeals reversed the decision.
Attorney Damario Solomon-Simmons hopes this case prompts a repeal of qualified immunity.
“Putting a shield around these officers when they violate the law, violate the constitution? That must be repealed,” he said.
While Shelby can be sued, the judge dismissed the idea that this incident was part of a bigger, systemic problem within the Tulsa Police Department.
Suing government entities for violations that stem from misconduct or poor training is called a Monell claim.
They are historically difficult to prove, and the court dismissed the Monell claim against the City of Tulsa, leaving the Crutcher family only to sue Shelby.
While disappointed, Solomon-Simmons says they are still exploring options for an appeal on the Monell decision.
The Crutcher family also brought in New York-based attorney Karen Portlock to help argue the case.
“We will devote all the time and heart that it takes to get justice,” said Portlock.
2 News Oklahoma reached out to Shelby’s attorney, Scott Wood.
In a statement, he said they are disappointed by the judge’s decision, and they stand by the position that Shelby acted reasonably.
Wood said they are exploring a rehearing. Also, given the significance of qualified immunity in this case, they might ask the U.S. Supreme Court to hear the case.
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