Biddeford, Maine (WMTW) - The city of Biddeford is asking a federal judge to throw out a lawsuit filed against the police department.
It's in connection with a deadly shooting nearly seven years ago by a landlord.
James Pak shot three people in a Biddeford apartment in December 2012, killing Derrick Thompson and Alivia Welch.
Thompson's mother, Susan Johnson, survived by playing dead.
The shooting happened minutes after police left after responding to an earlier call that Pak was yelling and threatening Thompson, and Welch.
An affidavit states police deemed the argument a civil matter and left.
Pak reportedly shot the two, after waiting for the police to leave.
The city says liability for the shooting does not fall to police as long as they were acting in good faith in their role.