Court won't dismiss suit in '07 Farrow shooting

LITTLE ROCK, Ark. (AP) - A federal appeals court has refused to dismiss a civil lawsuit against two West Memphis police officers who were involved in the fatal shooting of a 12-year-old boy.

On Tuesday, the 8th U.S. Circuit Court of Appeals upheld a lower court's decision to not dismiss the suit against Officers Erik Sammis and Jimmy Evans. But the three-judge panel affirmed a decision that dismissed the city of West Memphis, its mayor and the police chief from the suit filed by relatives of DeAunta Farrow, who was shot to death in 2007.

The court said that "significant factual disputes" on what led to the shooting exist and that it's not conclusive that the officers' actions were reasonable, so the case can move forward against them.

Police have said DeAunta pointed a toy gun at the officers, while relatives say he was holding a soda and a bag of chips.

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