Lawsuit: Armed Utah man killed by police was protected under Second Amendment

Hunt's mother says her son was peacefully exercising his Second Amendment rights when he was killed. (Credit: CNN)

Hunt's mother says her son was peacefully exercising his Second Amendment rights when he was killed. (Credit: CNN)

SARATOGA SPRINGS, Utah The family of a sword-carrying man who was killed in September has filed a federal civil rights lawsuit against the city of Saratoga Springs, Utah, and the two officers who shot him.

Darrien Hunt, 22, was shot to death while carrying a 40-inch samurai-type sword.

Prosecutors said that Hunt lunged at two officers, Cpl. Matt Schauerhamer and Officer Nicholas Judson and their actions were reasonable. The medical examiners autopsy report determined Hunt was shot six times, once in the back.

The lawsuit alleges that under the Second Amendment, Hunt had a right to carry the sword and the two officers did not have a right to demand that he surrender.

The suit contends that Hunt was shot while he was fleeing, that police used excessive force and that the officers actions manifested malicious, reckless, and callous indifference to the rights and very life of Darrien Hunt.

They demanded that he give up his sword they had no right to do that. He was causing no harm, family attorney Robert Sykes said. They provoked an incident with this peaceful man.

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At a press conference on Friday, Sykes said the family will ask for more than $2 million in damages.

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Lawsuit: Armed Utah man killed by police was protected under Second Amendment

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