LOUISVILLE, Ky. (WDRB) — A federal wrongful death lawsuit filed against a Louisville Metro Police officer who shot and killed a 28-year-old in 2014 has been dismissed.

Officer Marc Christiansen shot and killed John Jolley, Jr. on Sept. 23, 2014. Police said Jolley was holding a gun when Christiansen shot him eight times. Jolley’s family and fiancee filed a lawsuit in late 2014.

On Oct. 20, U.S. District Court Judge Charles Simpson III dismissed the case and ordered both sides to pay their own costs and attorney fees.

According to court records, Ladonna Hamilton, Jolley’s fiancée and mother of his two children, stopped participating in the lawsuit, ignoring requests to be deposed. Since she was the “only eyewitness to the death,” the case could not continue, lawyers concluded, according to records.

The shooting occurred after Christiansen was called to a domestic disturbance in the 900 block of Esquire Alley, finding Jolley and Hamilton, who was holding a one-year-old child. Jolley allegedly grabbed a gun from the hood of his vehicle and put ammunition in it, according to court records. The officer shot and killed him. Jolley died at the scene.

The suit filed by Jolley’s family alleged that Christiansen used “unwarranted lethal force” and disputed that Jolley was armed or posed a threat. When Christiansen arrived, Jolly was headed to his vehicle carrying a gun inside a gun case and put it on the hood, according to the lawsuit. Jolley then approached the officer telling him he was unarmed, when Christiansen shot him, the lawsuit claimed.

“At the time he was shot, Mr. Jolley was fully cooperating with whatever directives were given to him” by the officer, according to the lawsuit. “No effort was made by Officer Christiansen to investigate the situation, consider lesser force alternatives, or consult with Mr. Jolley or Ms. Hamilton prior to firing.”

LMPD cleared Christiansen of any wrongdoing late last year.

An attorney for Hamilton did not immediately return a phone message.

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