Court in WV police excessive force suit: ‘This has to stop’

FILE – In this June 12, 2015 file photo, Robert Jones speaks in Martinsburg, W.Va. on Friday, June 12, 2015 as he and others protest the killing of his brother…

FILE – In this June 12, 2015 file photo, Robert Jones speaks in Martinsburg, W.Va. on Friday, June 12, 2015 as he and others protest the killing of his brother Wayne Jones by Martinsburg police on March 13, 2013. On June 11, 2020, a federal appeals court has vacated part of a finding that cleared five West Virginia police officers on qualified immunity grounds in an excessive force lawsuit. The lawsuit had been filed by the estate of Wayne Jones, a homeless black man who was shot 22 times in Martinsburg. (Onofrio Castiglia/The Winchester Star via AP)

by: By JOHN RABY

Posted: Jun 11, 2020 / 04:33 PM EDT

Updated: Jun 11, 2020 / 07:28 PM EDT

CHARLESTON, WV (AP) — A federal appeals court has vacated part of a finding clearing five West Virginia police officers on qualified immunity grounds in an excessive force lawsuit. The lawsuit had been filed by the estate of a homeless black man who was shot 22 times in Martinsburg.

A three-judge federal appeals panel ruled this week that it could not accept shielding five Martinsburg officers for their actions during the summary judgment stage of the lawsuit. The panel sent the case back to U.S. District Court for further proceedings. Police had stopped Wayne Arnold Jones as he was walking on a street in March 2013. The officers were white.