FORT WAYNE, Ind. (WOWO): A federal judge has dismissed a lawsuit that was filed against a Fort Wayne officer.

The family of 31 year old Antron “Fetti” Pearson sued Fort Wayne Police Officer Joshua Franciscy and the city of Fort Wayne, claiming that Pearson's rights were violated in a 2011 police-action shooting outside Broadway Joe's bar and restaurant. 

They claimed Franciscy used excessive force and caused wrongful death. 

The Journal-Gazette says federal judge found Pearson's family didn't present any new evidence and that Pearson held a gun and was shot when he refused to put it down.