VIRGINIA BEACH (WAVY) — Virginia Beach has a filed a motion to dismiss the federal lawsuit filed by the father of Donovon Lynch, the man shot and killed by a Virginia Beach police officer earlier this year at the Oceanfront.

The city says Lynch’s father fails to state a claim against the city upon which relief can be granted, according to court paperwork.

Donovon’s father Wayne Lynch is seeking $50 million in damages from the city and the officer who fired the shots on March 26, Solomon D. Simmons III.

The lawsuit says Simmons used excessive force and acted with gross negligence when he shot and killed Lynch and that the city failed to properly train officers on use of deadly force and other techniques that could have prevented Lynch’s death.

Simmons, who attorneys say knew Lynch beforehand, did not have his body camera on for “unknown reasons.” He’s on administrative leave in the meantime.

On September 7, Wayne Lynch filed a motion in opposition to dismiss the lawsuit.