A divided federal appeals court ordered the dismissal of a lawsuit by a Southern California man against two police officers who allegedly pointed their guns at his head from across a backyard fence, believing he was dangerous and apparently unaware that he was no longer under an arrest warrant for drug crimes.
The officers who confronted Alex Medrano “reasonably believed that he had committed serious crimes, presented a threat to their safety, and may resist arrest or attempt to flee,” the 9th U.S. Circuit Court of Appeals said in a 2-1 ruling on Friday, overturning a federal judge’s decision that would have allowed Medrano to sue the officers.
The dissenting judge said Medrano was surrounded by police, clearly posed no threat and should be allowed to ask a jury whether the officers had used excessive force. According to court filings, Medrano had already been found guilty of drug charges and sentenced to five years in prison. He remained free while appealing the sentence, but was imprisoned the following year when his appeal was denied…