A federal appeals court upholds a lower court ruling that a Bowling Green police officer used 'excessive force' when he shot and killed an unarmed man in 2012.

Officer Keith Casada shot and killed Gregory Harrison on the railroad tracks near Clay Street on August 12th of that year.

Harrison's niece, Carey Woodcock, is suing the city over her uncle's death.

Police reports from that day say Harrison refused commands to stop approaching police, but in today's ruling, the Sixth Circuit Court of Appeals in Cincinnati agreed with the lower court ruling that Harrison did not pose an imminent threat to officers.