DUNBAR, WV (WOWK) – A multi-million dollar settlement is on the table for a civil lawsuit filed in connection to the death of a man who was fatally injured while in police custody.

According to court records, the city of Dunbar has agreed to pay the family of Michael Scott Jr. $2 million following his death in police custody in July 2022. That amount includes attorney fees, costs, expenses, and funeral and medical bills.

“The sheer amount of the settlement certainly shows an acknowledgment that our claim was meritorious,” said Dante’ diTrapano, one of the family’s attorneys. “I reserve any further comment until after the final approval hearing on Aug. 15 before Judge Berger.”

The civil complaint filed in September 2022 claims Scott was fatally injured and denied medical treatment. It states that police officers Zachary Winters and Adam Mason were attempting to arrest Scott on the night of July 22, 2022, for an outstanding warrant for a misdemeanor trespassing charge. Winters allegedly lifted Scott off the ground and slammed his head into the pavement.

The complaint claims Scott was denied proper medical treatment for hours, and he died two days later from what the medical examiner called “blunt force injuries to the head.”

No criminal charges have been filed against the officers involved, and according to the Dunbar Police Department, both are still employed.

Dunbar Police Chief Brian Oxley declined to comment pending the finalized settlement agreement. 13 News has reached out to the defense attorneys; however, they have not gotten back.

Both parties are expected to appear in court on Tuesday, Aug. 15, for a Federal Judge to rule on the settlement hearing.