9th U.S. Circuit Court denies Washington County’s petition to reconsider its ruling in Lukus Glenn family lawsuit

From The Oregonian, January 2, 2012

A federal appeals court denied Washington County’s petition to reconsider its November order for a trial in the lawsuit alleging the wrongful death of Lukus Glenn, shot and killed by sheriff’s deputies in 2006.

A three-judge panel of the 9th U.S. Circuit Court of Appeals found the facts of the shooting are in dispute and should have been decided by a jury. The decision overturned a previous ruling by U.S. District Court Judge Michael Mosman, who dismissed the Glenn family’s lawsuit, granting summary judgment in favor of the county.

On Nov. 21, the county petitioned the 9th Circuit and asked the court to review the case again, with an en banc review.

READ – everything about Lukus Glenn
READ – Nearly five years after teen’s death, family looking to set truth free, KATU.com, November 6, 2011

Last week, the court denied the county’s request and said it would not consider any more petitions for rehearing.

The lawsuit claims that officers, responding to Hope Glenn‘s 9-1-1 call reporting that her son was drunk, out of control and suicidal, used excessive physical force and undue lethal force on the 18-year-old.

In its petition to the 9th Circuit, the county said the officers acted reasonably in using force to gain control of Glenn, who ignored orders to drop the knife he was holding.

“In this case, deputies chose to address the threat presented by a deadly weapon in Lukus Glenn’s hand, giving his constant and consistent commands to drop the knife and get on the ground,” the petition says. “When he continued to ignore those commands, remaining highly agitated and threatening with a bloody knife at his throat, they chose the option of an impact weapon to gain control of the situation.”

William G. Blair, attorney for the county and deputies Mikhail Gerba and Tim Mateski, said his clients have not yet advised him whether they want to accept the court’s ruling and go to trial in district court or petition the U.S. Supreme Court to review the case.