Neither the city nor the police officer who fatally shot a fleeing suspect is liable under a judge's ruling in a wrongful death lawsuit.

The Billings Gazette reports attorney Brad Arndorfer filed the lawsuit on behalf of Daniel Brawley's wife, and says whether to appeal is undecided.

Billings Police Officer David Punt shot Brawley as the man fled in a police cruiser.

A jury previously found Punt's actions were justified.

Judge Don Molloy ruled in favor of Punt and the city in May, saying he thinks the case is best suited for a jury trial.

Molloy ruled Punt qualified for immunity from civil liability.

The ruling also said the lawsuit's municipal liability claim against the city lacked merit.

Attempts to reach attorneys for Punt and the city were unsuccessful.

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