Martinsburg wants fatal shooting lawsuit dismissed
MARTINSBURG, W.Va. -- The city of Martinsburg says it can't be held liable for injuries caused by its police officers, so a judge should dismiss a lawsuit filed on behalf of a Virginia man shot to death after a scuffle.
A federal judge had already dismissed the police department from the case, ruling it's not a separate legal entity.
Now the city says it can't be punished for its employees' conduct because it didn't directly cause that conduct.
A motion filed this week also argues the brothers of 50-year-old Wayne Arnold Jones have no legal standing.
The city says Jones didn't suffer injuries as a result of the city's conduct, so his brothers can't claim harm, either.
The family is demanding $200 million in damages. They say officers used unreasonable and excessive force.