The lawsuit says that 45-year-old Christopher Phillips was running away from the Phoenix Police officer who shot him in the back.

PHOENIX — The family of a Phoenix man shot and killed by police earlier this year is suing the city and the officer involved, claiming excessive force was used during the fatal encounter.

According to the lawsuit filed late last week, the family of 45-year-old Christopher Phillips is seeking $5 million in damages, including $1 million for each of his three children. The suit names Officer William Rodriguez Gallardo and the City of Phoenix as defendants.

The shooting happened on January 17 near 35th Avenue and Baseline Road in southwest Phoenix. Police were responding to reports of trespassers at an abandoned home when they encountered Phillips, who fled on foot. 

Officers chased him through several blocks before the pursuit ended in the entryway of a gated community. Phillips was found to be armed with a handgun and did not drop it as he ran from officers, police said.

Body camera footage released two weeks later shows Officer Rodriguez Gallardo raising a long gun and firing at Phillips. The officer can be heard saying that Phillips pointed a handgun at him moments before the shooting. Police later recovered a firearm next to Phillips’ body after officers’ attempts to render aid were unsuccessful.

However, the lawsuit disputes the police account, alleging that Phillips was running away and posed no threat when he was shot. It further claims that Officer Rodriguez Gallardo did not issue a warning before opening fire and that Phillips was struck in the back.

The lawsuit said Phillips’ death has caused damage to his family members.

“Anytime an officer perceives anybody’s life in danger, including his or her own, lethal force may be used,” a Phoenix police spokesperson said on scene the day of the police shooting.

In April, the Maricopa County Attorney’s Office cleared Gallardo of any criminal wrongdoing in connection with the shooting.

When contacted on Monday, the City of Phoenix said it would not comment on the pending litigation.