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Denver Police Chief Gerry Whitman has asked that the $10 million lawsuit filed against the city in the shooting death of Frank Lobato be transferred from state to federal court. In a removal petition filed Friday afternoon in U.S. District Court in Denver, Whitman contends that the lawsuit presents civil rights questions over which the federal court system more properly has jurisdiction.
Lobato, 63, was lying in bed holding a soda can when he was shot dead by a Denver police officer. The lawsuit names as defendants the city and county of Denver, Whitman and officers involved in the case.
