FARMINGTON HILLS (AP) — A federal appeals court has revived a lawsuit by a Detroit police officer who was in uniform when he was hit with a stun gun while stopped by suburban officers.

In a 2-1 decision, the court said a jury should determine whether Farmington Hills officers used a Taser on David Marshall in retaliation for questioning their authority.

Marshall was stopped outside his home while returning from a night shift in Detroit in 2006. Farmington Hills police said he made an illegal turn. Officers said they used a Taser because they feared Marshall might use his gun.

He was charged with obstructing police, but the case was dropped. Marshall’s lawsuit has made three trips to the appeals court on a variety of issues.


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