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A former police officer at Ball State University, Indiana is seeking to have a $100 million civil suit thrown out of court. The ex-officer, Robert Duplain, recently had his request denied by another judge in an Indiana federal court. Mr. Duplain and his attorney, Scott Schockley, are filing the new request in a federal appeals court.
The parents of a Ball State University student who was shot and killed by Duplain during a November 2003 incident filed the civil suit. During the incident the student, 21-year-old Mike McKinney, was severely intoxicated and banging on someone’s house. Officer Duplain arrived. Court documents show that the officer stated that McKinney lunged at him, forcing Duplain to use force.
McKinney died at an area hospital shortly after the shooting and was unarmed during the incident.
The federal judge who dismissed Duplain’s request found that certain areas of the case were too disputed to ignore. These facts included whether Mr. Duplain used proper campus police procedure in both alerting the man to his presence and in firing his weapon.
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