CLEVELAND, OH (WOIO) - Brendan Hester, 23, was shot by Ashtabula police officers on June 2, 2017.
Hester announced he's filed a lawsuit against the city and the two officers involved.
According to his attorney, the officers "violated his 4th amendment rights through the use of excessive force."
The city is also named in the lawsuit alleging "their failures in their training, their supervision, their policies, their customs and their practices" led to the shooting.
Police said they received a 911 call from a female resident at 5:15 a.m. June 2, that a man had broken into a home in the 400 block of West 38th Street and was possibly holding a woman at gunpoint.
According to a statement, officers responded to the home and said they found two men involved in a struggle inside the home.
One of the men, who has now been identified as Hester, was holding a gun. Police said in their statement they asked Hester to drop the gun several times, he did not, and an officer fired his weapon and hit him.
Hester's family and attorneys say no such instructions were given.
Brendan remained in critical condition for months. He remains disabled, according to his lawyers.