Oroville Mercury-Register

Court denies Chico’s review request in Rushing case

- Staff reports

The United States Supreme Court’s Ninth Circuit denied the city of Chico’s writ of certiorari, or request for review from a higher court, in the appeal case regarding the death of Tyler Rushing.

The court issued a ruling in December that brought back a previously nixed civil suit between Rushing’s family and the city, a decision made based on evidence supporting the plaintiff.

Tyler Rushing’s father, Scott Rushing, issued a statement regarding the review denial calling it a victory for his family and effort to continue the suit against the city.

“My legal team is now preparing for the trial of the Chico (Police Department) peace officers,” Scott Rushing said. “The tactics, and ethics, of the Chico officers, showed callous disregard for the sanctity of human life which was demonstrat­ed by the decision to release a K-9 on Tyler while he was bleeding out in a claustroph­obic bathroom, then Tyler was bitten, choked, shot in the throat and the back of his neck, then finally Tased by officer Alex Fliehr while Tyler was laying in a pool of his blood and the fact none of the other officers present lifted a finger to stay Fliehr’s hand, and the Tasing was the final use of excessive force which killed Tyler.”

Because of the decision to deny the writ of certiorari, the civil suit could go forward.

More informatio­n regarding this case will likely be presented at a later date.

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