- Associated Press - Tuesday, April 19, 2016

LAS VEGAS (AP) - A federal appeals court refused to resurrect a mother’s wrongful death lawsuit against Las Vegas police in the shooting death of her knife-wielding son in July 2011.

The 9th U.S. Circuit Court of Appeals in San Francisco said Monday that no clearly established case law would have led officers to believe that using deadly force was excessive when Rafael Olivas threatened and approached them with a knife.

Olivas’ mother, Alma Chavez filed the lawsuit in September 2011, naming officers Christopher Grivas, David Hager and the Las Vegas Metropolitan Police Department.

U.S. District Judge Larry Hicks dismissed it in February 2012.

Her lawyer, Brent Bryson, says he’s disappointed for the family.

Chavez summoned police because her son was distraught. She maintained later that officers didn’t give Olivas a chance to surrender.


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