Estate appeals dismissal of lawsuit over fatal shooting of Va. man by Martinsburg police


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MARTINSBURG, West Virginia — The estate of a Virginia man fatally shot by Martinsburg police is appealing the dismissal of a $200 million lawsuit.

The Journal ( ) reports that attorney Rocco J. DeLeonardis filed the appeal Friday in the U.S. 4th Circuit Court of Appeals in Richmond, Virginia, on behalf of the estate of 50-year-old Wayne Arnold Jones of Stephens City, Virginia.

A federal judge dismissed the estate's lawsuit against the city and the officers in October 2014. U.S. District Judge Gina Groh ruled that the officers didn't use excessive force when they shot Jones more than 20 times in 2013.

The appeal says the case should be decided on its merits at trial. It says the lawsuit was dismissed on technical grounds regarding legal admissions in the case.

Information from: The Journal,

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