Family of Frank Alvarado, who was killed by Salinas police, file federal lawsuit against the city.

Nearly a year after Frank Alvarado was shot and killed by Salinas police officers in the early morning hours of July 10, his father and son have filed a federal civil rights lawsuit against the city.

In the complaint, filed June 9 in the U.S. District Court for the Northern District of California in San Jose, calls for several changes to policies at the Salinas Police Department, payment of funeral expenses, and wrongful death damages for Alvarado's only child, Anthony Angel Alvarado, is now 18.

Their attorney is acclaimed civil rights attorney John Burris. Burris is also representing the family of Carlos Mejia, another man who Salinas police shot and killed last year. 

The suit also names Police Chief Kelly McMillin, Officer Scott Sutton and Sgt. Brian Johnson. 

The results of District Attorney Dean Flippo's bureau of investigations' look into the shooting have not yet been released, so the allegations in the lawsuit offer a more detailed picture than has previously been available. 

The little bit we do know starts with a troubling morning for Alvarado and his family members. He lit the curtains at his grandfather's house on fire with a butane torch, and family members called 911 to report Alvarado had violated parole by using meth. It was a dark day for a man who'd been determined to turn his life around. 

Police responded to the 911 call, and found him hiding behind a car. They say they fired at Alvarado when he charged them holding an object—it turned out to be a cell phone—as if it was a gun.

"[Alvarado] began to comply with the directions and raise his hands, and the officers then began to open fire on the unarmed decedent, firing at least 20 shots total in rapid succession despite the decedent being unarmed, and posing no imminent threat to the safety of the officers," according to the complaint. 

"The officers on the scene failed to issue a warning to the decedent that they would use deadly force unless the decedent complied with a specific direction."

The lawsuit also raises concerns with SPD's policy of investigating officer-involved shootings.

"Such policy or procedure does not provide for meaningful objective internal review of the police officer misconduct—and thus, a failure to recommend objective disciplinary action or recourse," the complaint states. 

Alvarado's shooting death was investigated by the DA's office, rather than SPD—not because SPD believed a third party was required, but in an effort to balance investigators' workload. 

Salinas City Attorney Chris Callihan says the city has not yet ben served with the lawsuit, so he was unable to comment on the allegations at this time. 

Callihan says the city intends to represent McMillin, Sutton and Johnson as individuals. 

"We will absolutely represent the police officers involved in this shooting, as well as the other [police shootings last year]," Callihan says.