GRAND RAPIDS, Mich. (WOOD) - Paula Martin has filed a civil suit against the City of Battle Creek and three police officers in connection with the July 2010 shooting death of her son, Leroy Nelson.
The suit was filed in federal court in Detroit in November of 2011, but was transferred to federal court in Grand Rapids Wednesday.
Police officers allege Nelson was "noncompliant" and "became violent." They say he confronted an officer with a knife before being fatally shot.
The civil suit asks for an amount in excess of $75,000 for violating Nelson's Fourth Amendment rights.
Nelson's estate alleges the Battle Creek Police officers used excessive force in addition to violating his right against unreasonable search and seizure "that forbids police officers from imposing excessive physical force against citizens."
The suit further alleges the officers committed assault and battery against Nelson and the acts of the defendants "were not undertaken in good faith … but were undertaken with malice."
Nelson's estate maintains "the conduct of Defendants amounted to gross negligence that was the proximate cause of Leroy Nelson's fatal injuries and death."
No new court dates have been set in the Grand Rapids court.
A memorial is scheduled Thursday night for three young siblings who died in an apartment fire 10 months ago.
A donation account has been set up to help the family with its search to find a missing loved one.
Wind chills will be in the single figures Thursday, with snowfall totals in the 1- to 3-inch range.