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Posted: 12:07 p.m. Wednesday, Oct. 31, 2012
AP and KTVU.com
SOUTH SAN FRANCISCO, Calif. —
The family of a 15-year-old boy shot and killed by a South San Francisco police officer has filed a $10 million wrongful death lawsuit against the city.
The lawsuit accuses Officer Joshua Cabillo of being motivated by prejudice when he shot Derrick Gaines at a gas station on June 5. Gaines was African American.
The San Mateo Daily Journal reports that the suit was filed this week in federal court. A call to the City Attorney's Office by The Associated Press on Wednesday went unanswered.
Cabillo was cleared of any wrongdoing in the shooting by San Mateo County prosecutors.
According to their investigation, Gaines ran and was struck in the back of the head with a gun by Cabillo after Cabillo tried to detain him.
Investigators say Cabillo shot Gaines after Gaines reached for a gun upon falling to the ground.
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