The city filed its motion Tuesday afternoon, saying that it intends to have the case heard by the 6th U.S. Circuit Court of Appeals in Cincinnati. In a separate filing, it also asked Chief U.S. District Judge Solomon Oliver Jr. to overturn the jury's decision to find that police Office Roger Jones used excessive force when he shot Kenny Smith, 20.
The filing states that that there were numerous problems throughout the trial, which took place in September. This includes the exclusion of evidence that Smith was intoxicated during the traffic stop.
It also states that Oliver erred when blocking the exclusion of a black juror and that the amount the jury awarded to Smith's mother — $1 million in survivorship damages and $4.5 million for wrongful death — was excessive.
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