Toni Atkinson filed the lawsuit against The Kroger Company on July 13 in an Indianapolis federal court on behalf of her son, 26-year-old Jeremi Atkinson.
Authorities said Atkinson forced a female employee in the store’s office and placed her into a headlock, before Elliott shot Atkinson three times. Police, who interviewed witnesses and reviewed surveillance footage, said Atkinson charged at Elliott.
In early January, the Marion County Prosecutor’s Office ruled the shooting was justified under the Indiana law to prevent a forcible felony. A month later, Elliott resigned from his job at Kroger.
The complaint states the Kroger Co. was negligent for failing to supervise its employees and enforce its safety policies, which prohibits employees from bringing firearms to work. The suit said this resulted in the company breeching its duty of care to Atkinson.
“As a direct and proximate result of Kroger’s negligence, Atkinson is deceased and the plaintiff has suffered harm…,” read the suit in part.
Although the lawsuit acknowledges an “altercation” took place between Atkinson and the Kroger employees, it does not reference the attempted robbery.
Atkinson’s mother is seeking more than $75,000 in the wrongful death suit.