Judge dismisses wrongful death case against city, Elkhart Police

ELKHART, Ind. -- A judge has ruled in favor of the city of Elkhart in a lawsuit filed by the family of Norman Gary, who was fatally shot by Elkhart Police in December 2016, according to the Elkhart Truth and court records.

The family alleged Gary's rights were violated when he was shot and killed by officers Nathan Lanzen and Leonard Dolshenko.

The two officers were cleared after a grand jury failed to indict them.

The family sued for wrongful death, use of excessive force, failure to train officers properly and for failure to enforce its body camera policy.

US District Court Judge Philip Simon granted summary judgment to the city after receiving a 95 page response by the family's attorney that did not address points raised in the city's motion or provide evidence or legal support of its claims.

The wrongful death claim was dismissed without prejudice.