The attorney representing the family of a Texas man fatally shot in his own apartment by his downstairs neighbor, a Dallas officer, announced they’ll be suing the city and the officer that killed him.

According to The Dallas Morning News, attorney Lee Merritt said Allison and Bertrum Jean, the parents of Botham Jean, 26, will file a federal lawsuit accusing ex-officer Amber Guyger, 30, of using excessive force. Guyger is currently facing manslaughter charges in connection with the September 6 shooting.

Merritt explained that the city will be listed as a defendant in the lawsuit because Guyger, though off duty, was acting “under the color of state authority.” It’s not immediately known when the lawsuit will be filed or what damages they’re seeking.

As CrimeOnline previously reported, Guyger told police that she had finished a 15-hour shift when she parked her car on the fourth floor of her apartment building instead of the third floor where she lived. She reportedly said the door was slightly ajar when she placed the key with an electronic chip into the keyhole, causing the door to open further.

Documents indicated that Guyger, who is white, claimed she saw a “large silhouette” and gave it verbal commands before opening fire, wounding Jean in his torso. The 26-year-old later died from his injuries.

An attorney for the slain man’s family said they’ve been in contact with witnesses that directly contradict Guyger’s story. According to The Dallas Morning News, the lawyer said one witness heard Guyger say, “Let me in. Let me in,” before entering Botham’s apartment.

Another witness reportedly overheard Botham say, “Oh my God. Why did you do that?” moments after gunfire erupted.

“She is in uniform, she was wearing a badge, she purports to give commands, which he allegedly failed to comply to,” Merritt said of Guyger this week, according to the outlet.

“Clocking in or clocking out has no bearing on that analysis.”

[Featured Image: Botham Jean/Facebook; Amber Guyger/Kaufman County Sheriff’s Office]