The city is fighting a lawsuit filed by the family of a man killed by a suspect fleeing police in an RV. 

Tito Pacheco died in July, a month after burglary suspect David Barber crashed into him at Coors and Irving. 

Barber hit Pacheco after Albuquerque Police used a PIT maneuver to stop him. 

In August, his family filed a lawsuit, saying the tactics police used that day were dangerous and violated Pacheco’s civil rights. 

The city has filed a motion asking for the complaint to be dismissed, claiming Pacheco was distracted by his phone at the time of the crash.