Two Topeka police officers who shot and killed a man in 2017 will not be added to a lawsuit filed by the man’s family.

The family of Dominique White had sought to add a wrongful death count against Justin Mackey and Michael Cruse in their lawsuit against Topeka’s government.

The Topeka Capital-Journal reported the White’s attorneys have acknowledged that a legal rule prevents them from pursuing the wrongful death count against the officers.

U.S. District Judge James O’Hara has signed an order agreeing that the motion to add the officers to the lawsuit was moot.

Attorneys for the city argued that Kansas law banned White’s family from pursuing the wrongful death count unless the city had first denied a wrongful death claim.

No such claim has been filed against the city.

The family’s lawsuit alleging the city did not adequately train its officers is continuing.