When federal officers violate the Constitution, either through malice or excessive zeal, they can be held accountable for violating the state's criminal laws

Judge Alex Kozinski

The Ninth US Circuit Court of Appeals ruled that federal agents can be held accountable for violating state laws while performing their duties.

In 1995, the US Government paid Randy Weaver and his three surviving children $3.1m for killing his wife and 14-year-old son.

No prosecution

The government never prosecuted Mr Horiuchi, who has said he was firing at Weaver family friend Kevin Harris, who was armed.

His shot killed Mrs Weaver, who was holding open the door to let her husband, daughter and Harris inside.

She was holding her 10-month-old baby in her arms at the time, witnesses said.

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Boundary County, Idaho, attorney Ramsey Clark argued that Mr Horiuchi could not have immunity until he had been tried to determine whether or not he acted lawfully.

Judge Alex Kozinski accepted Mr Clark's argument.

"When federal officers violate the Constitution, either through malice or excessive zeal, they can be held accountable for violating the state's criminal laws," he wrote in his decision.

The FBI has not yet responded to the ruling.

Arrest attempt

The crisis began when federal agents attempted to arrest Weaver after he failed to appear in court to answer charges of selling illegal firearms.

A stand-off ensued, during which Mrs Weaver, her son Samuel, and Deputy US Marshal William Degan were killed.

The Weaver family dog was also killed.

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Weaver and Mr Harris surrendered after 11 days.

Both were found not guilty of murder, conspiracy and other charges, but Weaver was convicted of failing to appear to face the original guns charge.

Mr Harris dropped a $10m civil damages suit against the government last summer after a payment of $380,000. The government did not admit wrongdoing in Mr Harris's case.