Charlotte Jacobs says she watched as officers struggled with her son and then used a taser gun on him.
Among other things, the court found that Torres incorrectly referred to the complaint as a wrongful death claim.
The family of 20-year-old Jarrel Gray is seeking $145 million from Torres, the sheriff's office and the county.
Torres hit Gray twice with a Taser while trying to break up a fight in November 2007. A grand jury found in 2008 that Gray had not obeyed Torres' commands to show his hands. Gray's family says he was trying to comply.