DENVER — An appeals court refused Monday to give immunity to an Oklahoma City policeman who is being sued for allegedly falsely arresting a man trying to help his mother.
The 10th U.S. Circuit Court of Appeals' dismissal of Daniel Godsil's appeal allows the lawsuit against him to go to trial in federal district court in Oklahoma City.
Godsil is being sued by Wesley T. Moore, who Godsil arrested in 2009 for allegedly disobeying a lawful command, to move out of a street at the scene of a police investigation.
Moore had asked officers to move a police car that was blocking his mother's driveway when she was trying to leave to pick up medications, according to Monday's 10-page decision.
Moore argued with Godsil about whether the street was part of Moore's property, and was arrested.
U.S. District Judge Vicki Miles-LaGrange in Oklahoma City ruled a year ago that Godsil was not immune from the lawsuit because it was not clear whether he had probable cause to arrest Moore.
Godsil appealed. Monday's 3-0 decision by the Denver-based appeals court stated Miles-LaGrange's ruling is not appealable before trial of the lawsuit.
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