Judge rules on requests to dismiss lawsuit over police shooting at Kmart

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A motion to dismiss a civil lawsuit against Springettsbury Township for a police-involved shooting has been denied. A judge ruled the plaintiffs had established a claim to argue excessive force. The township is being sued for eight million dollars after two police officers shot and killed 40-year-old Todd Shultz outside of the Kmart on Haines Road in December 2012.

York County and District Attorney Tom Kearney have been removed from the civil lawsuit after York County Solicitor Mike Flannelly filed a motion to have them removed. “It’s very good news for York Countians. We’ve been dismissed from the case, there’s no further defense costs involved, as well as no chance of an adverse verdict. The decision was that as the county and the district attorney, we are not responsible for training, hiring, firing municipal police officers,” said Flannelly.

Shultz’s family said some of the gun shots were not justified because he had turned away from the officers and did not pose a danger. The lawsuit claims the officers weren’t properly trained to handle the situation.

In 2014 the Springettsbury Township Police Department had to pay $500,000 to settle civil rights lawsuits with two people who sued them for police brutality.