VALPARAISO, Ind. — The family of a retired grade-school teacher fatally shot by a police officer during a standoff is suing Valparaiso, alleging the officer recklessly used deadly force.

The granddaughter and daughter of Marilyn Stephens filed the lawsuit earlier this month against Valparaiso Officer Daniel Koepke, the city police department, the city of Valparaiso and anonymous officers.

Stephens, 74, died on April 10, 2007, when she was struck by a bullet fired by Koepke that ricocheted off a car the officer was hiding behind during a police standoff with Stephens’ armed ex-husband.

The lawsuit claims Koepke recklessly used deadly force and that the city and police department failed to properly train and control the officer. It also accuses the defendants of conspiring to wrongfully arrest and prosecute Timothy Stephens and exonerate Koepke.

The shooting occurred during a domestic clash in which Timothy Stephens was allegedly threatening to shoot his ex-wife.

According to the lawsuit, when Stephens’ ex-husband allowed her to leave the house using her walker, “there was not reliable evidence that a crime was being committed; that she had been battered; or, that she was being held against her will.”

The suit alleges that Timothy Stephens never tried to stop his ex-wife from leaving and did not raise the handgun toward anyone.

A lawyer for the defendants, Elizabeth Knight, said her firm will defend the suit. Knight declined to comment on the specific claims.

In May 2007, Porter County Prosecutor Brian Gensel found that Koepke was justified in using deadly force against Timothy Stephens in the incident that killed his ex-wife.

“The death of Marilyn Stephens, due to a ricochet, was an unintended and tragic consequence of the otherwise legally justified action,” Gensel said at the time.

Koepke was not charged in the matter and returned to his job shortly after the shooting.

Timothy Stephens was sentenced to six years in prison and two on probation in May 2008.