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June 2, 2022Omaha, Neb. |  By: AP

Judge tosses suit blaming prosecutors for suspect's death

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OMAHA, Neb. (AP) - A federal judge has thrown out a lawsuit against prosecutors filed by the family of a white Nebraska bar owner who killed himself after being charged in the fatal shooting of a Black man during 2020 racial injustice protests.

U.S. District Judge John Gerrard said in an order Tuesday that there is no legal basis to conclude that Douglas County prosecutors are liable for the death of 38-year-old Jake Gardner.

Gardner's parents accused Douglas County Attorney's Office, its top prosecutor and a special prosecutor of violating Gardner's constitutional rights.

Gardner was charged with manslaughter and other felonies in the May 30, 2020, shooting death of 22-year-old James Scurlock outside Gardner's downtown Omaha bar. He killed himself in Oregon.