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GARY, Ind.–A lawsuit has been filed against the city of Gary by the family and friend of a man killed in a shooting nearly two months ago. 

Lawyers for the parents and children of Rashad Cunningham filed a civil rights suit this week at U.S. District Court in Hammond. 

The lawsuit says Isaiah Price III was the Gary police officer who fatally shot Cunningham. It’s centered around a police call from the morning of August 17th near East 23rd Avenue and Kentucky street, a residential part of Gary. It says Price and another unidentified officer approached Cunningham’s car with their flashlights and weapons drawn. It says Price began shooting seconds after Cunningham got out of his car and while Cunningham was holding his wallet and driver’s license.

A lawyer for the family says Cunningham had a concealed carry permit and a gun with him at the time of the shooting, but he never posed a threat. Cunnginham’s girlfriend spoke in front of Gary City Hall Tuesday. 

“All Rashad wanted to do was take care of his family and get out of Gary, Indiana. I just don’t understand why his life had to be cut short while he was sitting outside of his home,” Cunningham’s girlfriend said. 

Police said the shooting happened during a traffic stop where an officer fired his gun and the shot killed Cunningham, but didn’t give further details. 

David Nusz, identified as a witness to the shooting, is also pursuing damages against the city. 

Gary Police say they’ve turned the investigation over to the Lake County Sheriff’s Department. The results of that investigation are pending. 

The full lawsuit can be seen here

(PHOTO: Thinkstock/Chalabala)