GARLAND (CBSDFW.COM) – The family of an unarmed man who was gunned down by police two years ago has filed a civil lawsuit against the city of Garland, Police Chief Mitch Bates and Lieutenant Christopher Trusty.

In August of 2012, Michael Vincent Allen, 25, died after former North Texas police officer Patrick Tuter, 33, shot him. Tuter was working as a Garland officer when he became involved in a high-speed chase with Allen that ended in nearby Mesquite. He fired 41 times on the vehicle driven by the unarmed Wylie resident.

Police video showed the pursuit of a white pickup truck resembling one involved in a previous chase in a nearby town. After a half hour chase at high speeds, police cornered the truck in a cul-de-sac in nearby Mesquite. Tuter opened fire on the truck, reloading at least once, wounding Allen three times. Police initially said Tuter opened fire after Allen rammed a patrol car trying to pin him into the dead-end street. However, police dashboard video later showed that it was Tuter’s patrol car that crashed into the truck, not the other way around.

A grand jury indicted Tuter on the second degree felony in the death of Allen and he was fired last year fired after an investigation determined he violated department policies on pursuits and use of force.

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