MARTINSBURG, W.Va. (AP) - 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.
(Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)
Viewers with disabilities can get assistance accessing this station's FCC Public Inspection File by contacting the station with the information listed below. Questions or concerns relating to the accessibility of the FCC's online public file system should be directed to the FCC at 888-225-5322, 888-835-5322 (TTY), or firstname.lastname@example.org.