CENTRAL ISLIP - A judge has declared a mistrial in a civil rights case that was slated to open today involving Suffolk police officers who fatally shot a Selden man.

Potential jurors were questioned this morning in the case of Kevin Callahan's death, but the mistrial was declared by the afternoon, when a copy of a Newsday newspaper with a story about the case was found in the jury room. The judge said the case has had too much publicity and will be pushed back to February in the interest of justice.

As News 12 has reported, the Callahan family is suing four Suffolk police officers and the county for the fatal shooting.

According to the family, Kevin Callahan told a family member he believed there was a man with a gun in his mother's house the day he was shot in 2011. Callahan's brother, who was not home at the time, called police. Responding officers then fatally shot Callahan. There was no gun found at the scene.

Police say that the officer who fired the fatal shots believed that Callahan was going to steal his weapon.

The family says Callahan was a recovering drug addict, and they say the 911 call was made out of concern for him.

The Callahans say they’re not seeking a specific amount of damage, but say they are trying to send a message to the police department about following protocols.