The family of a man shot by police sues the Seaside Police Department.

The mother of an unarmed man shot by Seaside Police in 2018 and who died by suicide five months later has sued the city of Seaside and the officer who shot him, alleging they violated his civil rights and that the officer’s actions ultimately led to his death.

Lori Dow filed the suit on behalf of her four grandchildren that her son, Brandon Virtue, left behind. In the lawsuit, Dow also lists the police departments of Sand City and Seaside, as well as the Monterey County Sheriff’s Office, as defendants.

On Sept. 18, 2018, Sand City police followed Virtue from an apartment, based on a call that he was in possession of multiple firearms. Seaside Officer Manuel Fernandez joined the pursuit, and eventually ran his patrol car into Virtue’s SUV. When Virtue left the vehicle and ran, Fernandez chased him and shot him in the back. The bullet lodged in his spinal column and left him paralyzed from the waist down. Virtue died by suicide in February 2019.

Los Angeles-based attorney Jeremy Lessen, who is representing the family, says no weapons were ever found. Lessen also filed suit in federal court; District Judge Haywood Gilliam dismissed the allegations against Fernandez because police carry “qualified immunity,” meaning they can’t be held personally liable as long as clearly established laws were followed. The District Attorney’s Office found Fernandez acted within bounds of the law and believed Virtue, who had previous criminal history involving firearms, was armed.

Lessen is considering asking the Department of Justice to take a look at the case. “There’s a lot in dispute about this case,” Lessen says. “What’s not in dispute is that law enforcement shot a fleeing suspect who was unarmed.”