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LAS VEGAS (AP) — The family of a man fatally shot by police at a Las Vegas Costco has revived a legal battle to clear his name.

The Las Vegas Sun reported Friday that a new lawsuit naming Costco Wholesale Corp. comes more than two years after police gunned down 38-year-old Erik Scott outside the store in suburban Summerlin.

The family had previously pursued a federal lawsuit against Costco and Las Vegas police, but dropped it in March.

Police say the shooting happened while they were responding to a report about a man with two handguns acting erratically and destroying merchandise. Scott’s family says he was wrongfully killed. Witnesses gave conflicting reports about whether Scott was a threat.

Scott was a West Point graduate.


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