CHARLOTTE (AP) — A federal appeals court will hear arguments on whether a Charlotte police officer used proper force when he shot and wounded a 15-year-old who was trying to help his injured mother.
The 4th U.S. Circuit Court of Appeals was to hear arguments in the case at the College of William & Mary in Williamsburg, Va., The Charlotte Observer reported Thursday.
The judges will consider Charlotte’s claim that Officer William Wilson deserves what is known as “qualified immunity” in the shooting in 2010 that wounded Jeffrey Green.
The shooting happened during a confrontation with the officer after the teen’s mother was stabbed by her boyfriend.
No charges were filed in the shooting and Wilson remains with the Charlotte-Mecklenburg Police Department.
The teen’s mother sued the city in 2011, charging negligence, emotional distress and violation of constitutional rights, among other allegations.
The first trial before U.S. District Judge Max Cogburn ended with a hung jury.
Shortly before the second trial was to begin last year, Wilson’s lawyers asked for qualified immunity. That shields police and other government workers from constitutional claims if their actions do not violate “clearly established law.”
Cogburn rejected that request, saying a jury should decide whether improper force was used. The city then appealed.