Denver (AP) An Arapahoe County Sheriff's deputy who shot and killed a man during a fight has asked a judge to dismiss a lawsuit filed by the man's family.
Daniel Montana's attorney said in a court filing Monday that Montana has qualified immunity because he was acting in his capacity as an officer, although he was off duty at the time.
The filing also says Montana was defending himself.
Montana has acknowledged firing the shots that killed David Rossiter of Sheridan, Mont.
Authorities say Montana, Rossiter and Rossiter's co-worker got into a fight in the Denver suburb of Lakewood on Nov. 2 when the co-worker tossed a cigarette that hit Montana's vehicle .
The Rossiter family's federal lawsuit alleges excessive force and wrongful death. It seeks unspecified damages.
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