James McManis was quoted in a San Jose Mercury News article, “Ninth Circuit revives excessive force lawsuit in 2019 San Jose police shooting,” regarding an excessive force lawsuit against the San Jose Police Department. McManis is representing the family of a man who was shot in the back and killed by a police officer, without warning and less than a mile from his home.
The judge granted summary judgment without oral argument and dismissed the entire case on grounds of qualified immunity. The Ninth Circuit Court of Appeals reversed the district court’s summary judgment, bringing the case back to trial.
“We never should have had to appeal this. The law was clear, as the Ninth Circuit pointed out: You can’t shoot someone in the back without a warning,” said McManis. “Two years later we’re back where we should have been all along.”
To read the full article, visit The Mercury News.