A U.S. magistrate Judge has refused to dismiss a civil suit filed against the City of Emeryville filed back in October of 2015 in the officer-involved shooting death of Yuvette Henderson. The City of Emeryville presented a motion to dismiss the family’s wrongful death federal lawsuit back on February 23rd.

In February 2015, Henderson was alleged to have shoplifted, brandished a revolver to avoid detainment, and attempted to flee the scene by carjacking. Henderson was ultimately shot and killed by Emeryville patrol officers responding to the call in nearby Oakland.

Henderson family attorney Dan Siegel presented eyewitness testimony and evidence that he says concludes Henderson had been disarmed when the fatal “third volley” shot was fired. The defense noted the shooting as justified and that there was no way of the officer knowing the extent of Henderson’s injury in an exchange that happened in a matter of seconds. They also argued that the officer involved has qualified immunity which protects government officials from liability for civil damages.

According to the site Workers World, Judge Donna Ryu stated she would try to issue her decision before a planned settlement conference on March 28th.

Judge allows suit by family of woman killed by Emeryville police

By Bob Egelko

A federal magistrate has refused to dismiss a lawsuit by the family of an Oakland woman who was killed by Emeryville police after allegedly shoplifting from a store, saying a jury could find that she posed no threat to the officer who shot her as she lay wounded on the ground.

Yuvette Henderson, 38, was shot in the head by Officer Warren Williams near a storage facility in Oakland in February 2015. A handgun she had been carrying was found 6 feet from her body.

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