A federal appeals court says a Southern California man arrested for hitting an opossum with a shovel can sue police because it’s not illegal to kill the animals.
Officers showed up and arrested him for trying to kill the animal.
The then-54-year-old father was jailed until his family raised a $20,000 bond.
No criminal charges were filed.
Oliver filed a federal wrongful arrest lawsuit against the Anaheim Police Department, but it was rejected by an Orange County judge. The federal ruling clears the way for the lawsuit to go forward.