Judge Tosses Suit Filed by Man Charged in Wheelchair Killing - WBOC-TV 16, Delmarvas News Leader, FOX 21 -

Judge Tosses Suit Filed by Man Charged in Wheelchair Killing

Posted: Jul 11, 2017 3:02 PM Updated:

DOVER, Del. (AP)- A federal judge has dismissed a lawsuit filed by a Wilmington man who faced first-degree murder charges and a possible death penalty before prosecutors dropped the case.

Medford Holmes claimed that police violated his rights in pressuring two witnesses to identify him as the person who fatally shot a man in a wheelchair in 2011. Antonio Smith used the wheelchair after being paralyzed in a previous shooting.

Holmes himself was shot to death three months after filing the lawsuit in 2013. His mother pursued the lawsuit in his name.

The judge dismissed the case Tuesday, ruling that Patricia Holmes failed to diligently pursue an amended complaint after claims based on theories of excessive force, malicious prosecution, false arrest and false imprisonment had been dismissed or decided in the defendants' favor.

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