Two Topeka police officers who fatally shot a black man as he fled from them after a struggle that revealed he was armed have been removed from a federal lawsuit accusing them of using excessive force.
U.S. District Judge Daniel Crabtree ruled Officers Justin Mackey and Michael Cruse have qualified immunity and that it wasn't clearly established that they violated the Fourth Amendment rights of Dominique White, 30.
The ruling Monday came on the three-year anniversary of White's fatal shooting near a Topeka park. A second count that contends the city failed to adequately train its police officers will move forward. A trial date hasn't been set.
