The family of a man who was fatally shot by two Topeka police officers in September 2017 has filed a federal lawsuit against the city seeking $10 million for alleged civil rights violations.
The parents of Dominique White, Kelly White and Mary Theresa Wynne, are also asking for $4.790 to cover the cost of his funeral. White’s family, which is represented by Chicago-based attorney Andrew Stroth, also said in their lawsuit that the city didn’t adequately train its officers.
Topeka authorities cleared officers Justin Mackey and Michael Cruse of criminal wrongdoing after the shooting, and the police department concluded that they didn’t violate any policies, according to the Topeka Capital-Journal.
The 30-year-old White was fatally shot in the back after a struggle with Mackey and Cruse.
Shawnee County District Attorney Mike Kagay said White initially denied he had a gun before the officers discovered one in his shorts pocket and tried to seize it.
Kagay said White resisted the officers and was shot as he was running away with his left hand hovering over the pocket that contained the gun.
The attorneys for the city of Topeka said in a court filing Tuesday that the split-second decision Mackey and Cruse made to shoot White was reasonable under the circumstances.
“Because neither Cruse nor Mackey violated any Fourth Amendment right of Dominique White, plaintiff has no claim against the city,” Topeka’s attorneys said in the filing.
Topics Lawsuits Law Enforcement Kansas
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