The federal civil rights case filed by the family of Fouad Kaady will proceed following a November 26 order by United States Magistrate Judge Paul Papak. Judge Papak's order settles summary judgment motions from the defendants in the case, a process in which the Judge determines which issues have been judicially proven by one side or the other and which facts remain to be determined by a jury.
On September 8, 2005, Fouad Kaady was shot seven times by a Clackamas County Sheriff's deputy and a Sandy, Oregon police officer after being badly burned and disoriented in a fiery car crash minutes earlier.
The judge cited conflicting statements by several witnesses, including the two officers, as proof that material facts need to be decided by a jury at a trial.
"The conflicting evidence leads me to conclude that material questions exist regarding the circumstances of the shooting," Papak wrote. "I therefore conclude that plaintiffs' version of the facts shows a rights violation that would be clear to a reasonable officer."
The order sets the stage for a trial in April 2009 at the Clackamas County Circuit Court in Oregon City.
A copy of the Judge's 50-page order is attached as a PDF file.