HUNTSVILLE, Ala. (WHNT) – The family of Jeffrey Parker, a man killed by an on duty Huntsville police officer at his home in 2018, is still pursuing a wrongful death claim.

Former Huntsville Police Officer William Ben Darby is being sued by Parker’s family for wrongful death and excessive force claims. The family is also suing the City of Huntsville.

U.S. District Judge Liles Burke is presiding over the civil case, which is separate from Darby’s criminal proceedings. Burke has yet to decide whether he will grant a summary judgement to one of the sides of the case or let the case go to trial.

The civil case brought forth by Parker’s family has largely been on hold over the last six years as Darby’s criminal case worked its way through court.

The criminal case included a murder conviction for Darby in 2021. The City of Huntsville spent $125,000 for Darby’s defense in the criminal case.

He served 20 months in prison before his conviction was overturned by a court of appeals in March 2023.

In October 2023, just weeks before his new trial was set to begin, Darby pleaded guilty to the lesser charge of manslaughter and was sentenced to time served.

Both sides of the civil suit finally got a chance to argue their claims in the summary judgment hearing on Tuesday morning.

Parker’s attorneys argued that since Darby pleaded guilty to manslaughter in October, he cannot claim his use of force was justified.

However, attorneys for the city argued that Huntsville Police follow a highly accredited training program and that all three officers including Darby who responded to the scene had just recently been trained on that excessive force policy.

City attorneys also say that there was no constitutional violation by Darby.

Following the hearing on Tuesday, Burke did not say when he expects to issue a decision.

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