Lawsuit Accusing Sachse Police Of Unnecessary Force Moves Forward

L.P. Phillips
August 23, 2019 - 2:48 pm
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SACHSE (1080 KRLD) - A federal lawsuit that accuses Sachse police of using unnecessary force against a teenager in 2010 can go forward.

The 5th circuit has ruled qualified immunity does not apply to Sachse police officers Michael Hunter and Lieutenant Martin Cassidy in the October 2010 shooting of Ryan Cole. 

Cole had been reported as suicidal as he walked in a wooded area near the Garland-Sachse border. Police say he had a gun to his head. In the lawsuit the family says police were not in danger yet they opened fire. Ryan suffered a gunshot wound to the head. 

The two officers had asked a District Court Judge to dismiss the case on grounds they were protected by immunity. However, in December of 2014 Federal Judge Reed O'Connor issued an order denying the request for a summary judgement in favor of the officers. 

In its en banc ruling, the justices noted "We conclude that it will be for a jury, and not judges, to resolve the competing factual narratives as detailed in the district court opinion and the record as to the Coles’ excessive-force claim."

"All 18 of the judges said there was sufficient evidence to go forward, and legal basis to go forward on the fact that these officers fabricated evicence or are alleged to have fabricated evidence surrounding the shooting and the facts giving rise to the shooting." said Chris Ayers, one of the attorneys representing the Cole family.

The city of Sachse has not responded to a request for comment.