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City of Greensboro, 8 Police Officers Ask Federal Court to Dismiss Marcus Smith Lawsuit

Marcus Smith's family filed a lawsuit in April. Smith died in police custody last September. The D.A. determined there wasn't enough evidence to prove a crime.

GREENSBORO, N.C. — The City of Greensboro and eight police officers filed a motion to dismiss a lawsuit connected to the death of Marcus Smith. 

The Smith family filed the lawsuit in April. 

RELATED: Family of Man Who Died In Greensboro Police Custody Files Lawsuit Against City, Officers and Paramedics

Smith died in Greensboro Police custody last September. 

Police said Smith was disoriented and suicidal, and he ran through traffic downtown. 

Police say Smith became combative, then collapsed after they tried to take him for a mental evaluation. 

Body cam footage shows police restraining him with a RIPP hobble device - sometimes referred to as a hogtie. 

An autopsy showed Smith died from cardiac arrest due to restraint. 

His death was ruled a homicide, but the ruling didn't indicate that anything criminal happened. 

The Guilford County District Attorney decided to not file charges, saying there wasn't enough evidence to prove a criminal act.