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Family of Louisville shooting victim David McAtee sues police officers, National Guard members

September 22, 2020. Summarized by summa-bot.

David McAtee

The family of David McAtee, a Louisville barbecue restaurant owner who died after being shot at by law enforcement during protests in June, has filed a wrongful death lawsuit against Louisville Metro Police Department officers and members of the Kentucky National Guard.

(CNN)The family of David McAtee, a Louisville barbecue restaurant owner who died after being shot at by law enforcement during protests in June, has filed a wrongful death lawsuit against Louisville Metro Police Department officers and members of the Kentucky National Guard.

The lawsuit, filed Monday morning in Jefferson Circuit Court and provided to CNN by McAtee family attorneys, accuses officers Katie Crews and Allen Austin, 10 unnamed LMPD officers and 10 unnamed members of Kentucky's National Guard with McAtee's death, assault and battery, excessive use of force and negligence, among other charges.

According to the lawsuit, police and national guard members swarmed protesters shortly after midnight in downtown Louisville and chased individuals who had been across the street but had fled to the area where McAtee's restaurant -- YaYa's BBQ -- is located.

The LMPD, however, maintains shots were fired at officers and soldiers "at some point" while they trying to clear the area before McAtee death.

To date, the Kentucky National Guard, Gov. Andy Beshear's office and the Louisville Metro Police Department haven't released the names of the individual officers who shot at McAtee.

Officers Crews and Allen are individually named in the lawsuit because they're seen in surveillance video shooting pepper balls into the crowd where McAtee was last seen alive, McAtee family attorney Steven Romines tells CNN.

Following McAtee's death, Mayor Greg Fischer placed the officers who had fired their weapons in McAtee's shooting on administrative leave because they "either failed to have their body cameras turned on or wear them, which is a violation of police policy," and fired the police chief, saying "an immediate change in leadership is required. "

A week after McAtee's death, Gov. Beshear's office announced bullets fired from the Kentucky National Guard were responsible for McAtee's death.

The Kentucky National Guard has not responded to CNN questions about the wrongful death lawsuit.

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