KANSAS CITY, Mo. — A Kansas City, Missouri mother said she’ll keep fighting for justice for her son.

This week an appeals court ruled the Kansas City officer who killed Ryan Stokes can’t be held liable because he has qualified immunity.

Stokes mother said a police officer shooting an innocent unarmed man in the back is wrong. But the court said Missouri law gives cops immunity even if they are negligent.

Narene Stokes said she is still reeling. Not just from her son’s 2013 death but the latest legal decision in favor of the Kansas City Police Officer who killed him.

“Hurting, mad, mindblowing what they decided with this qualified immunity,” she said.

Stokes was in the Power and Light district when someone accused a group of men of stealing a cellphone. Pepper spray was deployed and multiple people including Stokes took off. Officer William Thompson saw Stokes run into a parking lot.

The U.S. Court of Appeals for the Eighth District ruling said what next is hotly disputed but it made its decision based on the family’s contention Stokes raised his hands to his waist trying to surrender, but misinterpreting the gesture as threatening, Officer Thompson fired without warning.

Stokes family has filed a wrongful death lawsuit and wants to see the case taken to a jury trial.

“We are fighting for the wrongful death the civil suit and we are fighting of the neglect of shooting Ryan in the back,” Stokes’ mother said.

But the court pointed out the officer didn’t know Stokes and wasn’t retaliating against him with an intent to kill. The court said Thompson believed he was firing his weapon to protect fellow officers and “wasn’t constitutionally required to wait until he sets eyes upon the weapon before employing deadly force to protect himself against a fleeing suspect who turns and moves as though to draw a gun.”

Stokes is now questioning Missouri’s qualified and official immunity laws as they are being interpreted.

“I just understand it’s supposed to protect the police. They took an oath to protect and serve but it’s more like they are protecting themselves than protecting the citizens,” she said.

But she said she won’t give up her fight.

“Why do I not give up? Because I know Ryan. I knew who my son was. I know what he was down there for and it wasn’t for any trouble.”

The only future legal steps are to go back to the appeals court that just rejected their case or push forward to the U.S. Supreme Court.