A Tenth Circuit panel has denied qualified immunity to an officer who shot an unarmed Black man, finding in a reversal that the officer's "use of force was unreasonable," allowing a civil rights case brought by the man's family to go to trial.

In a unanimous decision issued Monday, a three-judge panel agreed that Tulsa Police Officer Betty Shelby, who shot and killed Terence Crutcher, in Tulsa, Oklahoma, in 2016 offered little to show she had reason for her actions. Crutcher was not suspected of any violent crime, he was not fleeing and he did not pose a risk to anyone, the court said.

The court said that viewing facts in a way most favorable to Crutcher's estate, it had to believe "Shelby shot Crutcher while he was standing with his hands up, unarmed … no weapon within reach."

Shelby, who suspected Crutcher was intoxicated, shot him while she had a backup officer at the scene who simultaneously tased Crutcher, the court said.

Crutcher had the right to be free from excessive force, as the estate argued, the panel said, finding that the district court had construed the right too narrowly when finding in favor of Shelby.

"Viewing the disputed facts in the estate's favor, Shelby violated Crutcher's clearly established constitutional rights, so we reverse the district court's grant of summary judgment based on qualified immunity and remand for further proceedings," the panel said.

In a news release celebrating the decision, civil rights attorney Damario Solomon-Simmons, who represents the estate, said the decision "confirms what we have said from day one: Terence Crutcher should be alive."

He said that "The Tenth Circuit made clear that an officer cannot shoot an unarmed, non-threatening man and hide behind qualified immunity," adding that, "The city now has a choice: Continue to defend the indefensible or step forward and do what justice requires."

Karin Portlock of Gibson Dunn & Crutcher LLP, co-counsel for the Crutcher family, said in the news release that everyone deserves to be free from unjustified police violence. "The law has long been established — an officer cannot shoot an unarmed and non-threatening individual — and excessive force will not be tolerated."

She said that the estate's team looks forward to trying the case before a jury.

Crutcher's family said in a statement that they had "carried both truth and grief in the same hands," for nearly a decade.

"Today reminds us that persistence matters. Even when justice feels far away, it is still worth fighting for. This moment brings hope, but that hope has come at a cost. It has taken years of waiting, pushing, and holding on when it would have been easier to let go."

"Our beloved Terence had his hands up. He was unarmed. He needed help, but instead he was killed," the family added. "We will not stop until there is full accountability."

Crutcher's death sparked protests in Tulsa, drawing national media attention. Shelby was criminally prosecuted and acquitted in 2017, court records show.

Crutcher's estate filed its civil rights lawsuit in 2017, alleging constitutional violations against Shelby for her use of unwarranted deadly force against Crutcher. It also filed claims against the city of Tulsa in connection with the incident, but those claims were dismissed, and the Tenth Circuit affirmed the dismissal.

Representatives for the parties did not immediately respond to requests for comments Tuesday.

The estate is represented by Karin S. Portlock, Lee R. Crain, Aiyanna Isom, Julia T. Ross, Mary Otoo and Claire V. Madill of Gibson Dunn & Crutcher LLP, and by Damario Solomon-Simmons of Solomon Simmons Law.

Shelby is represented by Scott B. Wood of Wood Puhl & Wood PLLC.

The case is Michael Manning, as the Administrator of the Estate of Terence Crutcher, Sr. v. City of Tulsa et al., No. 24-5058, in the U.S. Court of Appeals for the Tenth Circuit.

--Editing by Kelly Duncan.