- Associated Press - Saturday, June 13, 2015

OKLAHOMA CITY (AP) - A federal appeals court has ruled that an Oklahoma deputy sheriff can be sued by a man who was shot by a civilian who was asked by the deputy to help make an arrest.

The lawsuit alleges Major County Deputy Justin Dow gave his brother - Joshua Dow - a gun and asked him to help capture Michael Waugh - who was trying to elude authorities.

Joshua Dow eventually shot Waugh in the leg.

The 10th U.S. Circuit Court of Appeals on Thursday denied Justin Dow’s claim of immunity. The court said a jury could determine there was obvious risk of giving a private citizen a gun and sending him in search of a fugitive and that Dow recklessly disregarded the risk.

The lawsuit asks for an unspecified amount in damages.

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Information from: The Oklahoman, https://www.newsok.com


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