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A federal appeals court has refused to end a lawsuit stemming from a New Mexico State Police officer's fatal shooting of a Glorieta man

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ALBUQUERQUE, New Mexico — A federal appeals court has refused to end a lawsuit stemming from a New Mexico State Police officer's fatal shooting of a Glorieta man.

Daniel T. Pauly sued police over the 2011 nighttime death of son Samuel Pauly. The son was shot through a window at his home by officers investigating a reported road-rage incident involving Samuel Pauly's brother, Daniel B. Pauly.

An officer shot through a window, hitting Samuel Pauly, in the chest, after his brother shot two warning shots skyward from a back door.

A state grand jury found that the shooting was justified, but a 10th U.S. Circuit Court of Appeals panel ruled Tuesday that jurors could conclude the shooting was excessive force.

The panel upheld a judge's denial of a pretrial verdict in the defendants' favor.

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