MARTINSBURG, W.Va. (AP) -- The city of Martinsburg wants a judge to dismiss a lawsuit by the family of a Virginia man shot to death in a scuffle with police officers.
In a motion filed Thursday in U.S. District Court, attorneys also argue the Police Department cannot be sued separately because it's just a legal subdivision of the city.
The family of 50-year-old Wayne Arnold Jones of Stephens City, Va., is seeking $200 million in compensatory and punitive damages.
They say officers used unreasonable force, shooting Jones 15-25 times while he was on the ground in March.
The lawsuit says Jones was on medication for schizophrenia and that police stopped him on the street for no reason. It names the city and the police department as defendants, as well as 15 "John Doe" defendants.
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