The Pike County Sheriff's Office charged the family on accusations they planned and carried out the murders of the Rhoden family in April of 2016.
The suit filed Monday alleged the first incident happened on Dec. 7, 2010 when Weinstein dropped her off at her New York City apartment.
State authorities believe the officer skipped a step in the test meant to ensure the readings are accurate.
"We're devastated. We're angry. To say that Nikki was special is obvious to anybody who met her or read her," said a Cleveland Scene editorial.
Witnesses saw Amor Ftouhi attack Lt. Jeff Neville at the Flint airport and wrestled him to the ground.