The 8th Circuit Court of Appeals today overturned a lower court’s order dismissing a lawsuit by Mildred Crowder over the 2015 fatal shooting of her son Timothy Johnson by Manila police officer Jared Camp.

The court said Crowder made a viable claim that her son’s constitutional rights had been violated, specifically that he was fatally shot when he did not pose a threat to others. The complaint alleges Camp shot a non-resisting, non-fleeing subject.  The court also said the court should consider the claim against the city for failure to train Camp properly. Finally, the court said it was premature to dismiss Crowder’s claim that Camp had failed to reasonably accommodate Johnson’s disability during the encounter.

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The 8th Circuit sent the case back to the district court for further proceedings.

News reports at the time quoted police agencies as saying Johnson was shot for advancing on an officer and refusing to drop a knife. In a subsequent report on this and other cases of people fatally shot by police, the Democrat-Gazette reported that Johnson had mental issues.

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