FORT SMITH, Ark. AP – A federal appeals court has upheld the dismissal of a lawsuit filed by the son of a woman who was shot by police in pursuit of a robbery suspect.

The 8th U.S. Circuit Court of Appeals on Tuesday upheld the dismissal of the suit filed by the son of Olivia Stewart, who died in 2006 as officers were pursuing a pawn shop robbery suspect. Stewart was standing in an apartment complex’s parking lot when she was struck by a stray bullet fired by Fort Smith Police Officer Jeff Carter.