(AP) — The father of a mentally distressed black man shot and killed by police who thought he was armed sued the San Diego-area department on Tuesday.

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Richard Olango Abuka, father of Alfred Olango, filed the lawsuit in San Diego federal court alleging excessive, deadly force against his son, the San Diego Union-Tribune (http://bit.ly/2jXlhZy) reports Tuesday night that

The suit was filed about a week after San Diego County prosecutors ruled that the shooting by El Cajon police was justified and no criminal charges would be filed. Authorities say Olango pointed an e-cigarette device at an officer, who had reason to believe it was a gun and he was in danger.

District Attorney Bonnie Dumanis said her office determined “the only reasonable conclusion was the officer’s actions were justified.”

Family members, including Olango’s sister who had called 911 and brought police to the scene, said he was in anguish over the recent death of a close friend, and it was causing him to act erratically.

Olango’s father and others said during the investigation that they doubted that the district attorney’s office could conduct an impartial investigation.

The officer who fired, Richard Gonsalves, is also personally named as a defendant in the lawsuit filed by Los Angeles-based attorney Rodney Diggs.

The suit alleges that Gonsalves, “drew his firearm and aggressively confronted, chased and cornered” Olango. I also says Gonsalves showed a “cowboy attitude and demeanor” that provoked Olango.

City officials declined comment on the lawsuit, saying they cannot say anything about pending litigation.

Other relatives of Olango are expected to file their own suits.