The court reopened the lawsuit against agent who shot friend "the Boston terrorist"
The court of appeal in the United States renewed the claim of the heirs of a Russian citizen Ibrahim Todasheva to FBI agent Aaron McFarlane who shot Todasheva in 2013.
The citizen of the Russian Federation Ibragim Todashev was a friend of Dzhokhar Tsarnaev, who carried out a major terrorist attack in Boston in April 2013 and then shot by the police. Todashev was killed in his apartment in may of that year, an FBI agent. Four of the agents who were present at the death Todasheva, said that he tried to attack them, and then was shot.
Deviation lawsuit against McFarlane, the court of appeal considered that it was premature, reversed this decision and returned the case to the lower court. The appellate court also ordered the lower court to permit the heirs Todasheva to see the physical evidence in the case what they had originally been denied.
In this case, the court of appeal affirmed the denial in a lawsuit against the US government with charges of negligence in hiring McFarlane and the refusal paragraph in wrongfully causing death. Confirmed failure and the claims of the heirs Todasheva to three other agents who were present at his death.
Parents Todasheva in the fall of 2018 lost to individual law enforcement officers and to U.S. authorities in January 2019, the appeal was submitted. The court of appeal in the spring of 2019 has decided to close the case, but almost immediately then resumed his examination. While the appeal was considered, died the mother of Tsarnaev.
Agents claimed to have interrogated Todasheva in his apartment, and he "was going to confess" in a triple murder in Massachusetts, but suddenly attacked them with an iron bar and was shot. Family lawyers Todasheva said that the FBI hires incompetent agent (McFarlane) and that was the cause of death Todasheva, using excessive force, then as an agent of the anti-terrorist unit by Christopher Savard didn't stop McFarlane. In addition, the Massachusetts police Curtis Cinelli of Vicenza Calcio and Joel Kahn, present at the death Todasheva, it also illegally kept him and did not prevent his murder, lawyers say Chodasevich. They pointed out that on the iron rod, which allegedly brandished Todashev, was not his fingerprints. Finally, the nature of the gunshot wounds on the body Todasheva (three bullets in the back, two in the left shoulder, one in the left side of the chest and one to the head), according to the plaintiffs, contrary to the version that Todashev tried to attack the agents.
The defendants relied on the doctrine of qualified immunity, which protects police from lawsuits in the vast majority of cases.
The court of appeal confirmed the decision to close the case against the individual defendants and cases relating to the wrongful infliction of death. "Since the plaintiff could not challenge these decisions in his original statement, he rejected any appeal to this court," reads the decision.
The court of appeal stated that the lower court had no right to refuse the heirs Todasheva to examine the evidence. "It is clear that, although the plaintiff was able to independently obtain redacted versions of some documents, the plaintiff was not possible to conduct the process of reviewing evidence in the case", - is spoken in the decision of the court of appeal.
When plaintiffs see the evidence, FBI agent Macfarlan will be able to ask the court to dismiss the case.