(CN) - Police video appears to back up an inmate's claim that a Little Rock officer shot him as he fled an armed robbery, the 8th Circuit ruled, reinstating the man's constitutional claims against the officer.
Dolandon Mack said Officer Tim Dillon began shooting at him immediately after ordering him to freeze, and then kept shooting as Mack tried to run away.
Mack said the police department and detectives later botched the investigation of the shooting and tried to cover up Dillon's actions.
The appeals court in St. Louis upheld summary judgment for all defendants but Dillon, saying it was unclear whether the officer's actions "were objectively reasonable," given the videotape from another officer's patrol car.
"The videotape ... appears to support Mack's version that Dillon kept shooting as Mack fled down the side of the store, and that he was not holding anything in his hand," the three-judge panel wrote, referring to the gun that Dillon had said Mack was carrying.
"Defendants' own evidence also presents trialworthy issues as to whether Dillon's use of deadly force once he chased Mack to the area behind the store (was) warranted."
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