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Thad Spalding wins civil rights appeal in the Fifth Circuit!
Congratulations to DP&S partner, Thad Spalding, who successfully defeated a police officer’s qualified immunity appeal to the Fifth Circuit. The case involves the fatal shooting of a teenager, Jordan Edwards, by Balch Springs police officer Roy Oliver. Oliver moved for summary judgment, claiming his shooting–into a car full of teenagers who were leaving a party and driving away–was justified based on his belief that the vehicle was an immediate threat to his partner, Officer Gross. Officer Gross, however, testified that the vehicle was not a threat to him and the officers’ body cam video shows the vehicle passing and driving away from the officers at the time Oliver opened fire into the vehicle. The district court denied Oliver’s motion for summary judgment and Oliver appealed that ruling. The Fifth Circuit rejected Oliver’s appeal, allowing the claims against Oliver to proceed to trial. You can read the opinion here. You can also read a Dallas Morning News article about the case and the ruling here.