Victim lawsuit in mistaken shooting can be tried

Published on NewsOK Modified: June 17, 2014 at 3:55 pm •  Published: June 17, 2014
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HOUSTON (AP) — A federal appeals court has ruled that a lawsuit filed by former major league outfielder/first baseman Bobby Tolan's son may go to trial over his mistaken shooting by a Houston-area police officer.

Robert Tolan was on the porch of his family home in Bellaire when he was shot in 2008. On Tuesday, a three-judge panel of the 5th U.S. Circuit Court of Appeals in New Orleans sent the lawsuit back to a Houston federal court.

The appeals court dismissed Tolan's case last year, ruling that Bellaire police Sgt. Jeffrey Cotton was entitled to immunity as a public official. The appeals court reversed that decision Tuesday after the U.S. Supreme Court reinstated the lawsuit last month.

A Harris County jury has already acquitted Cotton of criminal charges.