A lawsuit against a Benton Harbor police officer will go forward after a suspect died while in custody.
A federal appeals court says the officer does not have immunity. That means jurors can determine whether the officer disregarded risks by keeping Doyle Jackson in a squad car for 40 minutes after a struggle in 2007.
Jackson was then taken to the Berrien County jail where a nurse found him unresponsive. He died at a hospital.
Jackson was allegedly drunk and had been hit with a stun gun at least a dozen times. He jumped into a dumpster and cut his liver during the chase.
A dissenting Judge argued there's no evidence the Benton Harbor officer knew Jackson had potentially life-threatening injuries.
