The U.S. Court of Appeals for the Third Circuit has ruled that a former Pennsylvania State Police firearms instructor who allegedly disregarded multiple safety measures and ultimately shot and killed a fellow trooper during training is not immune from a lawsuit brought by the deceased trooper’s mother.

A three-judge panel consisting of Third Circuit Judges Cheryl Ann Krause and D. Michael Fisher, along with visiting Eighth Circuit Judge Michael J. Melloy, overturned an Eastern District of Pennsylvania judge’s ruling that former Cpl. Richard Schroeter was entitled to qualified immunity as a state employee.

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