OMAHA, Neb. -- A wrongful death lawsuit filed by the family of Jacob Gardner last July in federal court has been dismissed.

The lawsuit was filed against Douglas County and Special Prosecutor Frederick Franklin.

It alleged that Gardner, who was accused in the May 2020 shooting death of 22-year-old James Scurlock, was denied due process. 

Scurlock was killed during protests in Omaha following the death of George Floyd, killed by a Minneapolis Police Officer a few days prior.

David and Glenda Sue Gardner called Franklin's comments, about the indictment, reckless, false, and misleading and alleged that they caused their son emotional trauma that led to his death by suicide. 

The judge found that the allegations were moot since the matter never went to trial, and that Gardner's right to a fair trial was never violated. He also said there was no evidence of a conspiracy to deprive him of that right.