Associated Press

An appeals court has cleared the way for a woman to pursue a lawsuit against a Southfield police officer who twice rammed her stalled car with grandchildren inside to get it off a busy road.

The federal court last week said Southfield Officer Keith Birberick has no immunity in the lawsuit filed by Cheryl McCarty. In a 3-0 decision, the court said the officer’s actions “shock the conscience” and would qualify as “criminal behavior” if committed by an ordinary citizen.

The court notes that the officer left the scene and destroyed dash-cam video.

McCarty’s car just missed gas pumps, and three grandchildren were thrown to the floor.

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