Denver appeals court upholds lower court ruling

Thursday, November 22nd 2001, 12:00 am
By: News On 6

OKLAHOMA CITY (AP) _ A three-judge panel of the 10th U.S. Circuit Court of Appeals has upheld a lower court's ruling against an Oklahoma woman who sued Muskogee police.

The panel ruled 3-0 that Shirley Maxey, the mother of a 15-year-old who was shot to death in 1997, did not present sufficient evidence in her federal lawsuit.

Maxey accused Muskogee police of failing to properly investigate the death of her son, Stanley Bernard Alexander Jr., because her son was black.

The appellate judges said Maxey pointed out several ``deficiencies and inconsistencies'' in the police investigation, but that those circumstantial factors are not sufficient to infer racial discrimination.

Wednesday's action upheld former federal Judge Michael Burrage's ruling.