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FORT LAUDERDALE (CBSMiami) – Attorneys for Broward Sheriff Gregory Tony have filed a motion to have a lawsuit against him thrown out.

The suit, originally filed by election opponent H. Wayne Clark and who was later joined by Scott Israel, claims Tony is unfit for office because he has a criminal record.

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Tony is accused of killing a man as a teenager in Philadelphia, but he was not convicted and he said it was an act of self-defense.

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In the motion for summary judgment, Tony provided documents from Pennsylvania that say he never had a criminal record there.

Tony will be sworn in as sheriff on January 5th.

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