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HAMMOND — A Chicago man admitted in legal filings he "has no realistic chance of winning" a police brutality lawsuit but wants to reserve his right to re-file his claims against the Lake County Sheriff's Department and one of its officers.

A motion for voluntary dismissal filed Monday on behalf of Joshua A. Kruel says he wants to avoid a judgment on the merits in favor of defendants Michael Stewart, the Sheriff's Department and Lake County.

The motion said, "Plaintiff wants to minimize the risk of liability such as malicious prosecution or to avoid liability for defendant's attorney's fees."

Casey McCloskey, Stewart's attorney, wrote in a response that "Kruel's admission and basis for this motion are a specific concession that the plaintiff's allegations in his complaint are without merit and frivolous."

Kruel is asking a judge to dismiss his claims against Stewart and the Sheriff's Department without prejudice, which means he could refile it later. He has agreed to dismiss his claims against Lake County with prejudice.