CHESTERFIELD COUNTY, Va. (WRIC) — A federal appeals court has upheld a ruling in the 2023 officer-involved shooting of Charles Byers, denying qualified immunity to the officer who shot and killed him. The ruling was welcomed by the Byers family’s attorney, who said it confirms what he has argue d since the beginning of the case. "Anyone who is, who has watched this video with any type of objectivity is shocked," said attorney Paul Curley. "He was basically gunned down in the street and was not a threat to the officers." The shooting happened on July 8, 2023, during what investigators say was a 90-second encounter between Byers and Chesterfield Police. Byers was 34. The family has since spent years pursuing legal action over his death. "It’s a good ruling for everyone," he said. "The police play, a very important role in maintaining our society. However, there have to be limitations on what they're able to do." The Byers family filed a $35 million wrongful death lawsuit in 2023 against Painter, Chesterfield County Police, the City of Richmond and Chippenham Hospital, alleging excessive force and neglect during a mental health crisis. Settlements were later reached with Richmond and Chippenham Hospital. However, Curley said the battle against Painter and Chesterfield County is not over. "We'll now go back to the district court and it sets the stage for the larger claims," Curley said. "When I say larger claims, I mean the more important claims. And those are the claims against Chesterfield County. This isn't about the accountability of one officer. It's about the accountability of a police department, about Chesterfield County." He said a third-party investigation concluded Painter acted within county policy -- something he and the Byers family said raises broader concerns about accountability. "That is what the family, wants to fix. They don't want anyone else to be in this position," he said. "They don't want anyone else to come home. And their and their child has been shot by a Chesterfield police officer when they can do something about it." Before those claims against Chesterfield County move forward, the case must still proceed into discovery, according to Curley. It will return to the district court, stay with 8News for updates. ...read more read less