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Claims dismissed against Scott County attorney in wrongful death lawsuit on behalf of man shot by Scott County sheriff's deputy
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Claims dismissed against Scott County attorney in wrongful death lawsuit on behalf of man shot by Scott County sheriff's deputy

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Some claims have been dropped in the $5 million wrongful death lawsuit against Scott County, Scott County Attorney Mike Walton and Scott County Deputy Greg Hill, relating to the officer-involved shooting of Robert Mitchell in 2018. Walton has been removed completely from the lawsuit.

Robert Mitchell was pulled over by a Scott County Sheriff's Department cruiser at 1:08 a.m. on Oct. 23, 2018.

The routine stop by Deputy Hill for a bad brake light took place in a Menard's parking lot on North Brady Street. Deputy Meghann Messmore arrived at the scene and a call to dispatch revealed Mitchell was wanted for a minor crime. But instead of being taken into custody, Mitchell attempted to flee and was shot twice by Hill.

Hill hung onto to Mitchell and was briefly dragged by his car.

Mitchell and his passenger ended up in the Kwik Shop parking lot near the intersection of Division Street and Kimberly Road. Mitchell later died of his wounds in a local hospital. He was 23 years old.

Almost a month after Mitchell's shooting, on Nov. 22, 2018, Walton called a press briefing and announced Hill's shooting of Mitchell was "justified," saying Hill believed the use of force was necessary to prevent his and perhaps Messmore's death or serious injury.

Patty Thorington, the administrator of Mitchell's estate, filed a $5 million civil lawsuit against Hill and Walton in April arguing Hill had no reason to shoot Mitchell. 

The lawsuit had seven counts, including wrongful death, use of excessive force, depriving Mitchell of life, liberty and the pursuit of happiness, loss of consortium, substantive due process and others which have since been dismissed.

Thorington dismissed two of the counts, defamation and violation of open records laws, in May.

In September, Thorington dismissed another count, improper searches. She also dismissed the substantive due process count only against Walton. Walton is not listed on any of the other counts included in the suit. 

The claims against Hill and Scott County are still pending.

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