MIAMI (CBS4) – An appeals court has ruled that a Miami-Dade business owner cannot sue the county after he was shot by police.

In 2008, auto detailing business owner Jose Rodriguez was shot mistakenly by a police officer during the burglary of his business. Rodriguez had gone to the business with a gun when the officers arrived.

Rodriguez survived but sued the county for negligence because of the officer’s actions. He argued the officers overreacted to a property crime.

A lower court judge refused to dismiss the lawsuit but the Third District Court of Appeal reversed that decision Wednesday.

The appeals judges ruled the officers were acting in an emergency capacity. They ruled that previous courts have decided that law enforcement decisions must be given deference.

(TM and © Copyright 2011 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2010 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)


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