The family of Jonathan Victor is demanding a new trial, arguing a federal judge in Mobile allowed unfair evidence and made critical errors when instructing jurors how to decide if a Baldwin County deputy should pay damages for a 2017 fatal shooting.

The motion for a new trial , filed Oct. 10 by attorneys representing Victor’s mother, Donna Chisesi, claims U.S. Magistrate Judge William E. Cassady allowed an eight-member federal jury to be “substantially prejudiced” against their case during a four-day trial in September.

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