The family of a San Diego man shot to death by police has had their lawsuit against the city reinstated by a federal appeals court.
Fridoon Rashawn Nehad was walking in an alley in the Midway District when a San Diego police officer killed him with one shot. Nehad was unarmed.
A district court had ruled in a summary judgment for the police, saying the officer's use of force was objectively reasonable. But, on Thursday, the Ninth Circuit Court of Appeals overturned that decision, saying the plaintiffs deserved to be heard in a trial.
The appeals court panel said there were real questions about the officer's credibility. The court also questioned, "whether Nehad posed a significant, if any, danger to anyone."
RELATED: District Attorney Releases San Diego Police Shooting Video
Nehad's last movements were caught by a security camera. It shows him walking through the alley toward a police car at an unhurried pace, his arms by his side. The officer shot Nehad when he was 17 feet away.
Nehad was a refugee from Afghanistan who had a history of mental illness. On the night he was killed, people called the police, saying Nehad was talking about hurting people and was armed with a knife. But Nehad was unarmed when he was killed, carrying nothing more than a pen.
The lawyer for Nihad's family says he looks forward to the trial. The San Diego city attorney says they're reviewing the ruling by the ninth circuit.
