U.S. court rules for Tuc­son po­lice in suit over 2014 shoot­ing death

The Arizona Republic - - AROUND ARIZONA -

TUC­SON — A fed­eral ap­peals court has ruled that Tuc­son po­lice of­fi­cers were en­ti­tled to a le­gal shield against a wrong­ful-death law­suit filed in the 2014 fa­tal shoot­ing of a man who bran­dished a hockey stick dur­ing an en­counter in an apart­ment.

The 9th U.S. Cir­cuit Court of Ap­peals de­ci­sion Fri­day says the of­fi­cers were en­ti­tled to im­mu­nity for en­ter­ing the apart­ment and us­ing deadly force against Michael Dunck­lee.

A trial judge had ruled that Dunck­lee’s pri­vacy rights were vi­o­lated be­cause the of­fi­cers didn’t get a search war­rant be­fore en­ter­ing the apart­ment.

But the 9th Cir­cuit said Dunck­lee had no ex­pec­ta­tion of pri­vacy there be­cause he knew the former ten­ant had been evicted.

The 9th Cir­cuit said shoot­ing Dunck­lee could be a le­gal ac­cept­able use of deadly force un­der the cir­cum­stances.

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