TUPELO, Miss. (AP) — A federal magistrate has set a Dec. 4, 2017, hearing for the wrongful death lawsuit filed by the family of Antwun “Ronnie” Shumpert.

Shumpert’s family filed the $35 million lawsuit after he was shot and killed June 18 by Tupelo police officer Tyler Cook.

Shumpert ran from a traffic stop and was later found by a canine hiding under a home. He was shot four times after he tackled Cook. According to the lawsuit, Shumpert was not armed. A grand jury declined in early August to indict the officer.

WTVA-TV ( http://bit.ly/2fToNqC ) reports the City of Tupelo, Cook and Police Chief Bart Aguirre are named as defendants.

A judge denied a motion by the city and Cook to stay the case until a federal review of the investigation is completed.

Information from: WTVA-TV, http://www.wtva.com