A federal appeals court has dismissed the qualified immunity claim filed on behalf of a Walworth County sheriffâs deputy who shot into a moving car more than five years ago, killing a passenger.
The U.S. 7th District Court of Appeals in Chicago issued a mandate Monday that will send the lawsuit brought by the family of Christopher J. Davis back to U.S. District Court in Milwaukee. That court previously denied the claim of qualified immunity from the deputy who shot Davis, 21.
The appellate court decided Feb. 5 that it did not have jurisdiction to say Juan Ortiz fit under the qualified immunity doctrine because disputes over factual issues still needed to be resolved.