LOUISVILLE, Ky. (WDRB) – Louisville Metro Police Chief Steve Conrad and Metro government have responded to a lawsuit filed by the daughters of a man shot and killed by police in August, denying some allegations and asking a judge to dismiss the case.

But the city’s answer to the lawsuit, filed Tuesday in U.S. District Court in Louisville, indicates that an investigation into the Aug. 8 shooting of Darnell Wicker remains open.

And it lists a number of possible defenses the city could use as the case goes forward – including that the use of force by police against Wicker was “justified.”

Josh Abner, a spokesman for County Attorney Mike O’Connell, said in a statement that the city’s “initial answer to this complaint is separate and apart from the ongoing investigations into police actions.”

“As is the case with any litigation, we raised all possible defenses as required by law, otherwise they could be considered waived,” he said. “The results of the ongoing investigations will determine which, if any, of these defenses would be applicable.”

The lawsuit filed by Wicker’s daughters claims the officers “unreasonably and unjustifiably cut off their blue lights prior to entering the parking lot of the apartment complex” and the officers “did not announce themselves as law enforcement.”

It alleges that the officers fired at Wicker “more than seven times within two seconds” of him walking outside.

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