$20M lawsuit against FBI in Hannah Anderson kidnap case can move forward, judge rules

A wrongful-death lawsuit filed against the FBI by the sister of a man who abducted a San Diego teenager in 2013 after killing her mother and brother can move forward, a judge ruled Friday.

The lawsuit argues that FBI SWAT officers did not need to kill James Lee DiMaggio when they found him in an Idaho wilderness area with Hannah Anderson.

"It looked like it was really a hit squad and not a rescue squad," said C. Keith Greer, Attorney for Lora DiMaggio Robinson, sister of James DiMaggio. "There was lots of opportunity for the FBI to say 'hey freeze FBI'."

Greer told Fox 5, in drone video he's viewed DiMaggio never posed any threat.

"It showed Jim walking all over the campsite 30,40,50 yards away from Hannah and from where the rifle was," said Greer.

Agents had tracked DiMaggio and the El Capitan High School student to the Frank Church River of No Return Wilderness Area, and on August 10, 2013, they located the two. As they moved in, an FBI tactical agent shot and killed DiMaggio. He was shot six times: once in the head, once in the heart and four times in the arms and upper torso.