The family of a West Philadelphia man with a history of mental illness who was fatally shot by police responding to a call that he assaulted his children has been cleared to move forward with part of their lawsuit against the city and Philadelphia Police Department officers.

U.S. District Judge Cynthia Rufe of the Eastern District of Pennsylvania granted in part and denied in part a motion for summary judgment filed by nine police officers sued by Christopher Sowell’s mother Aleathia Duvall, and the mother of his children, Hyshonda Hinton.

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