MADISON, Ala. – The City of Madison has filed a motion asking a judge to dismiss a wrongful death lawsuit filed against the city by the family of Dana Fletcher last month.

Fletcher was shot and killed by a Madison police officer in the parking lot of a Planet Fitness on Highway 72 in October 2019. Police said they responded to the Planet Fitness for a call of a suspicious man and woman. When they got there, Madison Police said Fletcher pointed a gun at them. An unidentified Madison police officer shot and killed Fletcher.

The Madison County District Attorney’s Office ruled the shooting was justified. Body camera footage from the incident was never released to the public.

In October, the Fletcher family filed a series of lawsuits against the City of Madison, two years to the date that the shooting happened. The Fletcher family filed a federal lawsuit alleging that the Madison Police department violated Fletcher’s civil rights, had a history of mishandling situations involving persons who were not reasonably suspected of a crime, and failed to properly train its officers.

On Tuesday, attorneys for the City of Madison filed a motion to dismiss the lawsuit. In the motion, they cite 10 reasons for dismissal. The city claims that the lawsuit does not state a claim for which relief may actually be granted. They also call the lawsuit a “shotgun pleading”, which means the complaint is excessively long and redundant.

The City of Madison did not respond to News 19’s request for comment on Wednesday. A member of the Fletcher family declined to comment.

The judge has not yet ruled on the city’s motion for dismissal.