Family files civil rights lawsuit against Phoenix Police

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Rumain Brisbon was shot during altercation with Phoenix police officer Rumain Brisbon was shot during altercation with Phoenix police officer
MESA, AZ (3TV/CBS 5) -

The family of a man shot and killed by a Phoenix police officer has filed a lawsuit against the City of Phoenix.

Rumain Brisbon died in December 2014

The officer involved was cleared of any wrongdoing and no criminal charges were ever filed, however, Brisbon's family is not convinced.

Tuesday afternoon, the attorney for Brisbon's family held a news conference in front of the Federal courthouse in Phoenix, to announce the filing of $10-million civil rights lawsuit against the City of Phoenix, Phoenix Police Department,and Officer Mark Rine.

Brisbon was shot and killed following a struggle with police, near Greenway Road and 25th Avenue.

The lawsuit claims that 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 young child.

"Mr. Brisbon was neither a fleeing felon, nor was he resisting arrest," said attorney LaShawn Jenkins. "Without question, the slightly built 34-year-old was subjected to a series of violent actions and an unreasonable display of force, despite the fact he was unarmed and non-threatening."

The Maricopa County Attorney did not file criminal charges in the case, saying that Brisbon's death was the result of a tragic series of events.

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