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Lawsuit Dismissal Appealed


The family of a Virginia man killed during a confrontation with Martinsburg police is appealing a judge's decision to dismiss a $200 million federal lawsuit against the West Virginia city and the officers.

Wayne Arnold Jones of Stephens City, Virginia, was shot more than 20 times in March 2013 after police said the 50-year-old shrugged off two jolts from a stun gun, fought with officers and stabbed one of them.

But Jones' family members maintain the police use of deadly force was not justified. A U.S. District Court judge disagreed, tossing the family's suit in October 2014.

The Winchester Star reports that an attorney for Jones' estate argues that the court erred in dismissing the suit. He's appealing to the 4th U.S. Circuit Court of Appeals in Richmond.

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