Appeals court says family can sue CMPD officer who shot and killed man in 2019

CHARLOTTE — The U.S. Fourth Circuit Court of Appeals has ruled a Charlotte family can now sue the Charlotte-Mecklenburg Police Department officer who shot and killed their loved one.

The ruling was made in the death of Danquirs Franklin. Officer Wende Kerl shot and killed Franklin outside of a north Charlotte Burger King back in 2019.

Body camera video shows Kerl repeatedly telling Franklin to put the gun down. When he reached into his pocket to get it, she fired.

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Franklin’s family has claimed he died while trying to comply.

The Mecklenburg County District Attorney’s Office reviewed the shooting and decided that it was justified.

On Tuesday, Channel 9 learned the appeals court reversed a federal judge’s decision to grant Officer Kerl qualified immunity, clearing the way for the family to reinstate the lawsuit against her.

The court also ruled the City of Charlotte cannot be held liable under the federal constitution for the shooting.

The attorney for Franklin’s family told Channel 9 the family looks forward to trying to resolve the case.

Channel 9 reached out to CMPD for comment. The department said it does not comment on pending litigation.

(WATCH BELOW: CMPD releases more video from deadly officer-involved shooting outside Burger King)

CMPD releases more video from deadly officer-involved shooting outside Burger King

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