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An Alabama State Trooper is due back in court regarding the shooting death of a Shelby County man.

The family has filed a wrongful death lawsuit against the trooper who shot and killed her son in 2004. A grand jury decided in May 2005, the trooper should not face charges in his death.

The Plaintiff is suing the Trooper and eight other Department of Public Safety employees, seeking a jury trail for the defendants. The lawsuit claims the trooper did not have probable cause to approach the man for committing a crime.

Lindley’s truck ran into a ditch on Dec. 17, 2004. Shortly after, Roberts stopped and he and Lindley got into an altercation. Lindley began to run toward the direction of his mother’s house when the two began struggling with one another. Robert’s statement said Lindley ignored warnings after attacking the trooper. It also claims that Roberts’ own statement to investigators shows that he, not Lindley, initiated the three-minute struggle prior to Lindley’s shooting.

The other listed defendants are named in the suit for hiring Roberts, whom according to the suit, did not meet Department of Public Safety standards.

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