Tahlequah officers concerned in deadly capturing face civil rights swimsuit after appeals court docket reverses certified immunity choice

“Having a dispassionate discussion of a tragic death, especially after it has been viewed on video, is an inevitable task for a court,” US District Judge Ronald A. White wrote in his ruling. “This court needs to obey the law as best it can, and the current regime of qualified immunity does not allow the case to proceed.”

On Monday, a three-judge panel of the US 10th Court of Appeals overturned the verdict, saying, “A sensible jury could find facts under which Officers Vick and Girdner would not qualify for qualified immunity,” which means a jury the officials used might find excessive strength.

Attorneys for Tulsa attorney Austin P. Bond, the administrator of Rollice’s estate, praised the appeals court’s decision and called for improved police training and oversight.

“In recent years it has become increasingly difficult for civil rights defenders to overcome claims of qualified immunity,” Attorney Dan Smolen said in a statement. “The 10th Circle opinion on the Bond case is not just a victory for Mr. Rollice’s estate, it is a victory for all civil rights activists.”

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Scott B. Wood, the Tulsa-based attorney for the officers, told The Oklahoman that the case was dissimilar in fact to the case on which the court based its decision and that he expected to retry.

The question of qualified immunity in this case may ultimately have to be decided by the US Supreme Court, Wood said.

It is difficult to prove that the officers were “fairly informed” that what they were doing was in violation of a constitutional right, Wood said.

“This is a really, really important case for law enforcement,” said Wood.