Hearing set to schedule proceedings in Topeka lawsuit regarding Dominique White

A hearing has been set for 11 a.m. Nov. 5 to schedule court proceedings in a federal lawsuit family members of Dominique White are pursuing against Topeka's city government and police officers Michael Cruse and Justin Mackey, who fatally shot White nearly a year ago.

U.S. Magistrate Judge James P. O'Hara issued a court order Thursday scheduling the hearing, which will take place in the federal courthouse at Kansas City, Kan..

Chicago-based attorney Andrew Stroth filed the suit in June, seeking more than $75,000 on each of two counts against Cruse, Mackey, the city and five unnamed officers. Stroth filed the suit on behalf of Dominique White’s father, Kelly White, and Dominique White’s four minor children

O'Hara's court order Thursday required both sides by Oct. 15 to meet to discuss matters that include the nature and basis of their claims and defenses, the development of a plan to share information through the judicial discovery process and the possibilities of settling or resolving the case, including the potential use of mediation.

O'Hara required the plaintiffs by Oct. 22 to submit to him a report on what happened at the planning conference.

Mackey and Cruse killed White around 9:50 a.m. Sept. 28, 2017, at S.E. 3rd and Lawrence. The officers were sent there after a 911 caller reported five gunshots had been fired in the park, according to District Attorney Mike Kagay.

Kagay said the officers questioned White, who denied he had a gun, then resisted them as they tried to seize a handgun from his shorts pocket. Body camera video showed White was shot after running away from officers and his left hand passed over the pocket containing the gun.

Cruse and Mackey were cleared of criminal wrongdoing in the case. An internal investigation also found no violations by the officers.

The first count in the lawsuit claims the officers acted without just cause when they shot White. In the second count, the suit claims the police department, its employees and the city maintained “unconstitutional customs” by providing inadequate training for “commonly occurring situations" Topeka police officers encountered on a regular basis.

The suit also alleges the department lacked proper training regarding use of force, detention of suspects, de-escalation techniques and other practices.