Civil rights attorney Lee Merritt plans to file a federal lawsuit on behalf of the family of Botham Jean who was gunned down earlier this month by an off-duty Dallas police officer, NBC News reported.
Merritt said Wednesday that Allison and Bertrum Jean will name the city of Dallas and former Officer Amber Guyger as defendants in the lawsuit claiming excessive force.
The city will be named "under the color of state authority" despite Guyger being off the clock at the time of the shooting, Merrit said, according to The Dallas Morning News.
"She is in uniform, she was wearing a badge, she purports to give commands which he allegedly failed to comply to," Merritt said. "Clocking in or clocking out has no bearing on that analysis."
The lawyer didn't indicate when the lawsuit would be filed.
What's the backstory?
Dallas police arrested Guyger after she fatally shot the 26-year-old Jean inside his Dallas apartment on Sept. 6.
Guyger told police that she entered Jean's apartment by mistake after she parked on the wrong level in the parking garage of the South Side Flats apartment complex near downtown Dallas. She alleged that she killed him because she thought he was an intruder.
On Monday, Dallas Police Chief U. Renee Hall fired Guyger, who had been on administrative leave since the incident.
Hall said Guyger was terminated after an internal investigation found that the officer had “engaged in adverse conduct when she was arrested for manslaughter.” There have been discrepancies in Guyger's version of the events from that night.
Guyger is currently free on bond and awaiting trial.
On Monday, Jean was laid to rest in his home country of St. Lucia.