DAVENPORT, Iowa (AP) — Scott County Attorney Mike Walton has been dropped from a $5 million lawsuit filed after a Davenport man was shot and killed by a sheriff's deputy in 2018.

The lawsuit was filed after Robert Mitchell was shot by Scott County Deputy Greg Hill during a traffic stop in north Davenport on Oct. 23, 2018.

Authorities said Mitchell was wanted for a minor crime and was shot twice by Hill as he tried to flee. Mitchell later died at a local hospital.

About a month later, Walton announced he had determined the shooting was justified because Hill believed the use of force was necessary to prevent death or injury to himself and another deputy.

Patty Thorington, the administrator of Mitchell’s estate, filed the lawsuit against the county, Hill and Walton in April. She argued Hill had no reason to shoot Mitchell.

In September, she dismissed a county of substantive due process against Walton, the only count against him. She earlier had dismissed three other counts against Hill and the county, but other claims against those parties are still pending, The Quad-City Times reported.

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