ST. LOUIS _ A federal appeals court on Tuesday revived a Ferguson protester's civil rights lawsuit against police that had been dismissed last year.
The suit, on behalf of 10 people, claimed that police used excessive force while arresting them during protests in the days after the Aug. 9, 2014, shooting of Michael Brown by then-Ferguson police Officer Darren Wilson.
But U.S. District Judge Henry Autrey granted summary judgment to police, police officials, St. Louis County and the city of Ferguson in October, ruling that police actions had not been taken in "bad faith."
Officers gave repeated warnings before beginning arrests, Autrey ruled, and they and their bosses were "entitled to official and qualified immunity" from the suit. He also wrote that many of the claims were not backed up by video evidence or other testimony.
On Tuesday, a three-judge panel of the 8th U.S. Court of Appeals disagreed, saying Autrey should not have dismissed claims by Dwayne A. Matthews Jr. Matthews' claims of being held underwater, pepper-sprayed and beaten by St. Louis County police would represent unreasonable, excessive force if proved, they ruled.
Although Autrey ruled that Matthews' claims about his injuries were contradicted by medical records, the three-judge panel disagreed and said it should be up to a jury to decide.
The suit against officials for their alleged failure to properly train, supervise and discipline the officers involved in the Matthews incident should have also survived, the court ruled.
