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.  
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