SOUTH BEND, Ind. (AP): The mother of a northern Indiana man fatally shot by police has asked to withdraw her federal lawsuit alleging excessive force in the confrontation.

The Elkhart Truth reports Lameka Gary, the mother of Norman Gary, asked South Bend federal court this month to dismiss her claims against Elkhart police Sgt. Nathan Lanzen and Cpl. Leonard Dolshenko.

A prosecutor announced March 1st that a grand jury found the officers were justified in the Dec. 4 shooting and they won’t face charges. The officers shot at the 29-year-old man as he drove toward them.

Attorneys for the officers requested another extension last week to file a response in the case while the court decides whether to dismiss it.

A second lawsuit brought by a woman injured in the shooting remains pending.