West Virginia police civil suit sent back to federal court

MARTINSBURG, W.Va. (AP) — A civil case filed by the estate of a Virginia man fatally shot by Martinsburg police has been sent back to federal court in West Virginia.

The 4th U.S. Circuit Court of Appeals in Richmond, Virginia, voted Wednesday to send the case filed by Wayne Jones’ estate back to U.S. District Court in Martinsburg.

U.S. District Judge Gina Groh in March dismissed the lawsuit against the city of Martinsburg and five police officers.

The appeals court noted its ruling was on technical matters and not on the merits of Groh’s decision.

Jones, who was black, was shot 23 times in 2013 after police said the 50-year-old Stephens City, Virginia, resident shrugged off two jolts from a stun gun, fought with officers and stabbed one of them. The officers are white.