WASHINGTON (AP) — The Supreme Court won't hear an appeal in the case of a California police officer whose 2012 killing of an Anaheim gang member sparked riots and protests.
The justices on Monday let stand a lower court ruling that ordered a new trial in the lawsuit brought by the mother of Manuel Diaz.
She sued the city of Anaheim and Officer Nick Bennallack for excessive force in the fatal shooting. Diaz was unarmed, but Bennallack said he thought the man had a gun and was preparing to shoot after a brief foot chase.
A jury ruled in favor of the city and the officer, but the 9th U.S. Circuit Court of Appeals said the judge allowed irrelevant inflammatory evidence to be presented at the trial.