Court: UP officer has immunity in lawsuit over shooting

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MUNISING, Mich. (AP) - A federal appeals court has ruled in favor of an Upper Peninsula police officer who fatally shot an unarmed man after a car chase that reached 100 mph.

Timothy Mitchell's family sued Munising Officer Justin Schlabach, saying he used excessive force at the end of a chase in 2014.

But in a 2-1 decision Wednesday, the appeals court said the officer had "probable cause" to believe Mitchell was an immediate threat after the man drove into a ditch. The court says dash-cam video shows Mitchell appeared hostile and took "long, purposeful steps" toward Schlabach.

Mitchell was shot twice during a confrontation that lasted less than 20 seconds.

In dissent, Judge Karen Nelson Moore says jurors might conclude that the officer could have chosen another way to subdue Mitchell.

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