The family of Jeremy McDole is suing the city of Wilmington after he was shot to death by police while in a wheel chair because he was paralyzed with a gun by his side.
The suit alleges that the deadly shooting result of racial discrimination claiming that if McDole had been white police might not have shot him.
The Wilmington News Journal reports the 28-year McDole was shot a number of times by four officers three of whom were white and the fourth was Hispanic.
The family argued in Superior Court that the police should have talked down McDole rather than shooting him.
The News Journal reports that both the city police and Delaware Attorney General Matt Denn have said that they are investigating the shooting.
But the paper adds that the family attorney believes the investigation has taken too long.
