CHARLESTON, W.Va. (AP) — A federal appeals court has vacated part of a finding that cleared five West Virginia police officers on qualified immunity grounds in an excessive force lawsuit. The lawsuit had been filed by the estate of a homeless black man who was shot 22 times in Martinsburg.

A three-judge federal appeals panel ruled this week that it could not accept shielding five Martinsburg officers for their actions during the summary judgment stage of the lawsuit. The panel sent the case back to U.S. District Court for further proceedings. Police had stopped Wayne Arnold Jones as he was walking on a street in March 2013.  The officers were white.