LAS VEGAS (AP) - The family of a man fatally shot by police at a Las Vegas Costco has revived a legal battle to clear his name.

The Las Vegas Sun ( ) reported Friday that a new lawsuit naming Costco Wholesale Corp. comes more than two years after police gunned down 38-year-old Erik Scott outside the store in suburban Summerlin.

The family had previously pursued a federal lawsuit against Costco and Las Vegas police, but dropped it in March.

Police say the shooting happened while they were responding to a report about a man with two handguns acting erratically and destroying merchandise. Scott's family says he was wrongfully killed. Witnesses gave conflicting reports about whether Scott was a threat.

Scott was a West Point graduate.

___

Information from: Las Vegas Sun, http://www.lasvegassun.com