POSTED: Wednesday, March 10, 2010 - 7:08am
UPDATED: Monday, April 5, 2010 - 8:51am
Las Cruces - An appeals court says a lawsuit can go forward against a Dona Ana County Sheriff's Deputy accused of excessive force.
Three years ago, deputy Carlos Montoya responded to a family fight in Las Cruces and shot and killed Megan Causey.
The district attorney and New Mexico State Police said the shooting was justified.
The family of the victim appealed.
An appeals court said there is evidence Montoya acted recklessly and that the family's lawsuit can continue.