- Associated Press - Wednesday, February 5, 2014

CHARLOTTE, N.C. (AP) - The city of Charlotte wants a lawsuit filed by the family of a man shot and killed by a police officer moved to federal court.

The city has asked that the lawsuit by the family of Jonathan Ferrell be heard in U.S. District Court, The Charlotte Observer (http://bit.ly/1lAcxr2 ) reported.

The 24-year-old former Florida A&M; football player was shot to death Sept. 14 after he wrecked his vehicle and apparently knocked on the front door of a home seeking help. The homeowner called police and three officers responded.

Officer Randall Kerrick shot the unarmed Ferrell 10 times. The other officers did not fire their guns. Kerrick has been charged with voluntary manslaughter. His trial is expected late this year.

Kerrick’s lawyers have said Ferrell’s death was tragic, but justified.

U.S. District Judge Graham Mullen will consider the city’s request.

The family sued Kerrick, the city, the county and Police Chief Rodney Monroe on Jan. 13 in Mecklenburg Superior Court.

The lawsuit accuses the defendants of violating Ferrell’s civil rights. They allege wrongful death, negligence, assault and battery and “acts of malice.”

City attorneys Mark Newbold and Daniel Peterson say the civil rights allegation should be handled in federal court and the other allegations are so closely related they should be heard in the same court.


Information from: The Charlotte Observer, http://www.charlotteobserver.com



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