Case over Bainbridge police shooting goes forward

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SEATTLE (AP) -- The parents of a mentally ill Bainbridge Island man who was shot by police and then left to bleed to death can purse their lawsuit -- and the judge says the family can seek damages for pain and suffering, even where state law would normally bar it.

U.S. District Judge Ronald Leighton in Tacoma denied a request by the city of Bainbridge Island and two police officers to dismiss the claims Monday.

Doug Ostling was shot and killed in his apartment in 2010 after he made a rambling 911 call. When police arrived he told them there was no emergency, but officers said they saw him inside with an ax.

State law would normally restrict potential damages to lost income for a key claim in the case. But the judge says that law is inconsistent with federal civil rights statutes, and he won't apply it.