A federal appeals court has dismissed a former Cumberland County deputy’s bid to stop a wrongful-death lawsuit in the fatal shooting of a veteran in 2020, ruling that key facts remain in dispute.
In a decision issued Jan. 6, the U.S. Court of Appeals for the Fourth Circuit dismissed former Deputy Justin Evans’ appeal of a trial court ruling that denied him qualified immunity in the shooting death of Adrian Roberts. Qualified immunity protects officers from liability unless they violate constitutional rights that were already clearly defined by the courts. Qualified immunity typically does not apply when facts are in question.
The case arises from an August 2020 incident in which deputies forcibly entered Roberts’ home to carry out an involuntary mental health commitment order. Within seconds of entering, Evans shot Roberts three times, killing him…