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The family's lawsuit also asks why a bean bag shotgun or a flash-bang device to stun Stuckey — available at the scene — was not considered as part of the CIRT plan.
The filing goes on to say that the 90-year-old woman cited by police as a safety concern may not have been at the scene. (An apartment manager at Kenilworth Apartments, who didn't work there when the shooting happened, tells The Pitch that she cannot disclose the names of residents who lived there at the time.)
Stewart's lawyers have already won once in court.
Last year, Stewart's attorneys filed a lawsuit to obtain Prairie Village and Overland Park police records pertaining to Stuckey after both departments denied their open-records requests, giving the explanation that they were criminal-investigation records, which are exempted from disclosure under the Kansas Open Records Act.
A Johnson County judge ruled that the records were indeed open to the public. The records became the basis upon which Stewart would take her case to federal court.
The Pitch sought the identical records that had been ordered opened in Johnson County. That request was initially met with a price tag exceeding $1,000.
Stewart's federal lawsuit seeks no less than $2 million in damages. The case is set for trial on April 7, 2014.
"Beverly's overarching goal in this case is to find out what happened that day," Pilate says.
Ijames, the expert for the police department, says Prairie Village officers acted properly considering the circumstances. In a deposition, Roberson said he had received a commendation for valor during a roll call after the shooting.