Civil suit expected in Phoenix officer's fatal shooting of man

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Shooting victim Rumain Brisbon (Source: KPHO/KTVK) Shooting victim Rumain Brisbon (Source: KPHO/KTVK)
MESA, AZ (3TV/CBS 5) -

A federal civil rights lawsuit was expected to be filed late Tuesday against the Phoenix Police Department over a deadly officer-involved shooting.

The suit stems from the death of Rumain Brisbon, an unarmed man who was shot and killed by Phoenix Officer Mark Rine in December.

The family was scheduled to speak in Federal Court in Phoenix on Tuesday afternoon while filing the $10 million civil suit.

Brisbon is survived by his mother, former girlfriend and three children.

In addition to the $10 million in damages, the suit charges Rine and the Phoenix Police Department with excessive force, civil rights violations, negligent training and emotional distress.

The 34-year-old Brisbon was shot in the back at his apartment complex in north Phoenix after police were called by people who thought Brisbon was dealing drugs.

Rine said Brisbon was uncooperative, and not communicating with officers.

He said he shot him because he thought Brisbon was reaching for a gun when, in fact, Brisbon only had a bottle of pills on him.

The shooting sparked several days of protests in downtown phoenix.

In the lawsuit to be filed Tuesday by Brisbon's mother, former girlfriend and three children. They claim Brisbon was unarmed, non-threatening, had his hands up and was in a submissive position on the floor when he was shot in the back and killed in front of his toddler.

Rine was eventually cleared of wrongdoing.

The Maricopa County Attorney's Office decided against filing criminal charges against Rine, calling Brisbon's death the tragic result of a series of events which caused the officer to fear for his life.

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