A federal judge rejected a request by a Fort Wayne police officer who shot an unarmed robber in 2015 to throw out the excessive force lawsuit against him.
Daniel Hartman shot Anthony Gant in the abdomen as he was leaving a Dollar General store on East State Boulevard on Aug. 23, 2015. Hartman said he thought Gant, who had just robbed the store with another man, was holding a gun.
Gant filed a lawsuit in November 2016 in U.S. District Court in Fort Wayne, seeking compensatory and punitive damages. Hartman, police officers Jason Palm and Bradley Griffin, and the city of Fort Wayne were listed as defendants.
Hartman filed a motion for summary judgment – a decision in which a judge rules in favor of a party in a lawsuit without a trial – in October. Judge Theresa Springmann denied the request Friday, which means the case will go forward.
Springmann also ruled the other officers and the city be removed from the case.
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