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Judge: Mich. man can sue store he robbed

The robber was shot twice and claims he was excessively beaten

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updated 11:46 a.m. ET Nov. 4, 2009

MOUNT CLEMENS, Mich. - A Michigan judge says a man who claims he was chased, shot and beaten by workers at a store he'd just robbed can sue the men. But only if he comes up with $10,000 within two weeks.

Scott T. Zielinski is serving an 8-year prison sentence after being convicted of unarmed robbery for the November 2007 heist at Nick's Party Stop in Clinton Township.

The 23-year-old filed a lawsuit against the store, its owner and three employees in April. Zielinski was shot twice and claims he was excessively beaten.

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Circuit Judge David Viviano ruled this week that although Zielinski is indigent and imprisoned, he must post a $10,000 bond to cover the store and employees' attorneys fees if he loses the case.

Zielinski is seeking $125,000.

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