A federal appeals court says the family of a 67-year-old man shot to death by an off-duty police officer in his Little Rock apartment can proceed with a lawsuit.
Eugene Ellison died Dec. 9, 2010. His family alleges officers Donna Lesher and Tabitha McCrillis unlawfully entered his home and that Lesher improperly used deadly force.
The 8th U.S. Circuit Court of Appeals in St. Louis said Thursday the family's lawsuit can go forward against the officers, the city and Ellison's apartment complex. The court says the officers were immune from allegations regarding the use of non-lethal force against Ellison.
The officers were working as security guards at the apartment complex. They say they saw Ellison's apartment in disarray and entered it, and McCrillis says Ellison became "mouthy" after they entered.
