Scottsdale Police Department could face federal lawsuit

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By Andrew Michalscheck By Andrew Michalscheck

SCOTTSDALE, Ariz. -- The American Civil Liberties Union is expected to file a federal lawsuit against the City of Scottsdale on Monday.

In a written statement, the ACLU would only say it's quote, "misconduct for the brutal killing of a man holding a seven month old baby." 

Representatives would not comment further, even to say specifically which shooting they're referencing.

The Scottsdale Police Department couldn't comment either.

The most recent shooting that matches the description happened earlier this year. 

A Scottsdale police officer shot and killed a man who was holding his 7-month-old grandson.  After the initial incident, investigators said that John Loxas had already demonstrated threatening behavior by pointing a gun at neighbors.

There was a similar shooting in 2008, in which Scottsdale police shot David Hulstedt.  They said he was threatening to throw his young daughter to the ground. Hulstedt was paralyzed. 

A judge later ruled that police used excessive force by shooting the unarmed man without warning.

The ACLU is expected to comment further on Monday.  

Scottsdale police are bound to silence by departmental policy which forbids them from commenting on ongoing court proceedings in which the agency is the defendant.