- Associated Press - Wednesday, March 25, 2015

RAPID CITY, S.D. (AP) - A federal appeals court has ruled that a Pennington County deputy who shot and killed a man five years ago is not immune from a wrongful-death lawsuit.

Deputy David Olson sought to have the case dismissed, claiming he was a public employee and thus immune from prosecution. The Rapid City Journal reports (https://bit.ly/1FTbo60 ) that the 8th U.S. Circuit Court of Appeals has upheld a federal judge’s rejection of that argument.

Olson shot and killed Christopher Capps in May 2010 after responding to a report of a teenager being assaulted. A state investigation cleared Capps of any wrongdoing.

Parents Jerry and Jaylene Capps sued in 2012, claiming Olson used excessive force and violated their son’s constitutional rights. They’re seeking unspecified money damages.

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Information from: Rapid City Journal, https://www.rapidcityjournal.com

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