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The mother of Darrien Hunt who was killed by Saratoga Springs police in September of 2014 while wielding a samurai sword is continuing to press for a trial in her lawsuit against the city.
An attorney for Susan Hunt filed a motion Wednesday in federal court in Salt Lake City asking U.S. District Judge Tena Campbell to vacate her recent ruling that enforced a settlement of the lawsuit that Hunt had brought against the city over the shooting death of her 22-year-old son.
Campbell ruled in February that Hunt had agreed to a $900,000 settlement about the case and couldn't back out of it.
Hunt had argued that her previous attorney, Robert Sykes, did not have permission to reach the settlement, which also included a gag order on her.
The motion by Hunt's attorney, Clemens Landau, who specializes in appeals, argued that there are factual disputes about whether Sykes had the authority to settle and whether the settlement was binding without Hunt's signature. Hunt also had legitimate reasons for her rejection of the settlement, according to the motion.
Landau on Wednesday also filed a notice of appeal to the 10th Circuit Court of Appeals on Hunt's behalf.
"She feels there's a good likelihood the 10th Circuit will reverse the settlement," he said.
Darrien Hunt was pursued by Saratoga Springs officers who shot and killed him after a 911 call to police reported a man carrying a samurai sword. Susan filed a civil rights lawsuit against the city along with Curtis Hunt, Darrien's father.
Curtis Hunt agreed to the settlement.