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Posted: Wednesday, March 26th, 2014 10:53 AM HST

Excessive force suit against Maui police dismissed

By Associated Press

WAILUKU, Hawaii (AP) A federal judge is dismissing a lawsuit by two men who were shot by Maui police officers.

Maui County Deputy Corporation Counsel Moana Lutey says the judge's ruling vindicates the officers.

The Maui News reports U.S. District Judge Derrick Watson ruled the officers used reasonable force in firing shots at the driver of a fleeing truck in 2010. The order says the four officers fired in an effort to stop the driver and inadvertently hit Joshua Nakagawa and Anthony Lum-John.

The two men sued, claiming excessive force was used and their civil rights were violated. Nakagawa's attorney Michael Green says they will appeal.

Watson's order says the officers were unaware Nakagawa and Lum-John were in the truck and were forced to make "split-second" decisions to protect others.

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