A convicted bank robber is suing Snohomish County (WA) for $6.3 million, alleging that a sheriff's deputy used "excessive force" when he shot him while he fled the scene waving a gun.

Todd Kirkpatrick, a.k.a the “phony-pony bandit,” is serving a 17-year prison sentence for robbing the KeyBank in Stanwood, WA. According to news reports, Deputy Dan Scott chased Kirkpatrick from the scene and at one point Kirkpatrick pulled out a gun, prompting the officer to fire his weapon.

Kirkpatrick claims his gun was not loaded and the deputy who shot him used "excessive force" equivalent to "common law assault and battery."

Snohomish County prosecutors hope to get the lawsuit dismissed.

“We believe this lawsuit to be completely frivolous,” said Jason Cummings, the chief civil deputy prosecuting attorney. “We look forward to defending it in court and having the matter thrown out.”

—Source:  herald.net