WICHITA, Kan. (KSNW) – Wichita police officer Justin Rapp who fired the shot that killed Andrew Finch plans to appeal a judge’s ruling that he can stand trial. Officer Rapp is citing qualified immunity.
Police were led to believe Finch was holding his family hostage when it really was a swatting incident from an out-of-state caller.
Weeks ago, a judge decided Rapp cannot get qualified immunity which protects officers from civil suits. But in a motion filed Monday, the private attorney hired to represent the City of Wichita says Rapp is entitled to qualified immunity. The appeal was filed with the U.S. Court of Appeals.
The Finch family is suing Rapp accusing him of violating Andrew Finch’s Fourth Amendment rights.
This is the decision by the court that Rapp is appealing.
“The facts used in determining whether the law was clearly established include inferences that Rapp could see that Finch did not have a firearm in his hands, that Finch did not make any movement like he was drawing a firearm but merely raised or lowered his hands and that Finch made no motion indicating he was about to shoot at the officers.”
A rally with the Finch family and Project Justice ICT happened out in front of Wichita City Hall Tuesday morning. Andrew Finch’s sister Dominica was in attendance.
“It is the only way to get justice. The city is not taking this as seriously as they should. They think they can keep sweeping it under the rug,” said Dominica Finch. “We just need to make sure that it stays out there, and even if the city doesn’t take this seriously, we do.”
Lisa Finch, Andrew’s mother, appeared in front of the Wichita City Council during the public agenda.
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