TOPEKA, Kan. (AP) — The family of a man who was shot to death by Topeka police are asking a federal judge to reinstate two officers to a lawsuit filed after his death.

Attorneys for Kelly White and Theresa Wynne, the parents of Dominique White, filed a motion last week to amend the lawsuit to add a wrongful death claim against officers Michael Cruse and Justin Mackey, WIBW reported.

The officers shot White in the back as he ran away after a struggle at a Topeka park in September 2017. An investigation determined White had a gun in his pocket and the officers were later cleared of criminal wrongdoing.

A federal judge in September removed the officers from the lawsuit alleging they used excessive force in shooting White.

The lawsuit continued over an allegation that the city failed to train its police officers adequately.

Attorneys for the city of Topeka filed a motion objecting to the officers being reinstated to the lawsuit.

The latest motion would also remove five unnamed officers from the lawsuit.