Supreme Court Justice Sonia Sotomayor wrote Monday that the court is developing a “disturbing trend” of siding with police officers accused of excessive force at the expense of their alleged victims, a notion disputed by two of her colleagues.

Sotomayor was arguing that the court should have accepted the case of Richardo Salazar-Limon, who was shot in the back by Houston police officer Chris Thompson in 2010. A federal district judge dismissed Salazar-Limon’s suit before trial, and the U.S. Court of Appeals for the 5th Circuit upheld that decision, the Washington Post reports.

What happened in the incident that left Salazar-Limon crippled is disputed, Sotomayor wrote in her dissent, and a decision on which man is telling the truth should be made by “a jury sitting as finder of fact, not a judge reviewing a paper record.”

What made Sotomayor’s dissent unusual was the criticism of the court’s past decisions.

Her colleagues’ failure to accept the case “continues a disturbing trend regarding the use of this court’s resources,” Sotomayor wrote in an opinion joined by Justice Ruth Bader Ginsburg.

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