- Associated Press - Tuesday, June 2, 2015

ALBUQUERQUE, N.M. (AP) - A federal appeals court has rejected a former Albuquerque police officer’s claim of immunity in a lawsuit stemming from a 2013 fatal auto accident.

Adam Casaus was off duty while driving a marked police SUV with its emergency lights on when he ran a red light, resulting in Ashley Browder’s death and severely injury to her sister, Lindsay Browder.

The 10th U.S. Circuit Court of Appeals on Tuesday upheld a trial judge’s denial of Casaus’ claim to immunity in a lawsuit filed by Browder family members.

The 10th Circuit said the lawsuit alleging violation of due-process rights can proceed because Casaus intentionally misused his police vehicle

The Police Department fired Casaus, who initially claimed he was looking for a drunken driver. He later convicted of misdemeanor careless driving.

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Information from: Albuquerque Journal, https://www.abqjournal.com

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