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U.S. NEWS Saturday 31 auguSt 2019

Appeals court reinstates lawsuit

in S.C. church shooting case

By DENISE LAVOIE quiry revealed that the Co- Gergel said that under the
AP Legal Affairs Writer lumbia PD was the arresting system's operating proce-
RICHMOND, Va. (AP) — A agency and that it had the dures, the examiner was
lawsuit over a faulty back- report, she was required to directed to a federal listing
ground check that allowed contact it. Her decision not of law enforcement agen-
a South Carolina man to to do so involved no per- cies, but Columbia police
buy the gun he used to missible exercise of discre- did not appear on the list.
kill nine people in a rac- tion," Judge Roger Gregory After trying the separate
ist attack at a Charleston wrote for the federal panel West Columbia Police De-
church was reinstated Fri- in Friday's ruling. partment and being told
day by a federal appeals "The Government can it was the wrong agency,
court. claim no immunity in these the examiner did nothing In this June 18, 2015, file photo, Charleston, S.C., shooting sus-
A three-judge panel of the circumstances," he wrote. more. pect Dylann Storm Roof is escorted from the Cleveland County
4th U.S. Circuit Court of The ruling means the law- After a three-day waiting Courthouse in Shelby, N.C.
Appeals reversed a ruling suit can move forward. period, Roof went back to Associated Press
from a lower court judge William "Billy" Wilkins, a law- a West Columbia store to
who threw out the claims yer who represented the pick up the handgun. South Carolina state Sen. "At the end of the day, the
brought by relatives of peo- families in their appeal, said The appeals court panel Gerald Malloy, one of bottom line is, had they
ple killed by Dylann Roof in the ruling signals recogni- said the examiner was the attorneys represent- followed their own proce-
the 2015 massacre, and by tion under the law that the mandated to contact the ing the family of Pastor dures, then Mr. Roof would
survivors. government must live up Columbia Police Depart- Clementa Pinckney, one not have been able to
The lower court judge to its responsibility to con- ment. of those killed in the shoot- purchase this gun and we
found the government im- duct thorough background A spokeswoman for the U.S. ing, said he believes the rul- would have been able to
mune from liability. The checks for gun buyers. Department of Justice de- ing means "that the United save nine innocent lives
judge said the families' "We're talking about those clined to comment on the States government has and the injury to the other
claims did not fit into nar- who are charged with the ruling. some responsibility." victims," Malloy said.q
row exceptions to laws that important responsibility of During arguments before
shield government employ- properly conducting back- the 4th Circuit in May,
ees from liability while car- ground checks so that as- Thomas Ward, a deputy as-
rying out their official du- sassins like Roof are not sistant attorney general in
ties. But the appeals court able to obtain the weapon the Department of Justice's
panel disagreed. that he used to commit Civil Division, told the judg-
The FBI has acknowledged these terrible crimes," he es that the standard oper-
that Roof's drug possession said. ating procedures are not
arrest in Columbia, South A series of clerical errors binding. He said they are
Carolina, weeks before the and missteps allowed Roof meant only as guidance
shooting at AME Emanuel to buy the handgun he lat- for examiners who process
Church should have pre- er used in the massacre. about 22,000 inquiries per
vented him from buying a In his ruling last year, U.S. day and about 8.2 million
gun. Roof has been sen- District Judge Richard Ger- a year.
tenced to death for the gel sharply said a jail clerk The appeals court, how-
slayings. wrongly listed the Lexington ever, said the National In-
The 4th Circuit panel found County Sheriff's Office as stant Criminal Background
that an examiner who con- the arresting agency in the Check System's standard
ducted the background drug case. The examiner operating procedures
check on Roof failed to then sent a fax to the sher- contain a set of require-
follow a mandatory proce- iff's office, which respond- ments specifying the steps
dure when she did not con- ed that it did not have the an examiner must take in
tact the arresting agency. arrest report and directed conducting a background
"Once the Examiner's in- her to Columbia police. check.

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