HICKORY, N.C. (QUEEN CITY NEWS) -- The family of a Hickory man has filed a wrongful death lawsuit against the City of Hickory and three police officers, claiming the 2023 shooting that killed Timothy Craig Setzer Jr., 22, was “excessive and unconstitutional.”

The lawsuit, filed by civil rights attorneys Michael Littlejohn and Anthony Burts, alleges that when Setzer was shot by police he was actually running away.

According to the lawsuit, a Hickory Police Department officer fired from the passenger seat of a moving patrol car, about 50 to 60 feet away, striking Setzer as he fled. Attorneys describe it as a “drive-by-style" police shooting.

The lawsuit claims Setzer was unarmed, with his back turned to officers, and that no warning was given before police opened fire. The lawsuit alleges

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