The unarmed Florida therapist who was shot in broad daylight has filed a federal lawsuit against the officer that pulled the trigger.

Charles Kinsey was helping one of his autistic patients when North Miami SWAT Officer, Jonathan Aledda shot him in the leg last month. Kinsey is suing Aledda for excessive force, false arrest, and violating his civil rights, the Miami New Times reports.

In the viral video of the incident, Kinsey is seen lying on his back with his hands raised. His patient, who was unharmed, was holding a toy truck which was identified as such by Kinsey.

When Kinsey asked Officer Aledda why he’d shot him, his response was “I don’t know.”

Later, Aledda told a different story.

“I took this job to save lives and help people,” Aledda said in a statement. “I did what I had to do in a split second to accomplish that and hate to hear others paint me as something I’m not.”

Kinsey’s suit disputes Aledda’s claims, stating that he didn’t need to fire his weapon in order to apprehend the men.

“Officer Aledda violated Mr. Kinsey’s clearly established Fourth Amendment right to be free from excessive force during police seizures when he shot Mr. Kinsey in the leg,” the complaint says.

“All officers, including Officer Aledda, were close enough in proximity to hear Mr. Kinsey’s statements, and one officer even announced over the police radio, ‘It’s a toy truck, he’s saying it’s a toy truck.”

It went on to detail how both men posed no threat, at all.

“It is important to note that, when Officer Aledda fired his weapon, neither Mr. Kinsey nor Mr. Rios had committed a crime, posed a threat toward any officer, civilian or each other; nor did Mr. Kinsey or Mr. Rios attempt to evade arrest.”

According to the NY Daily News, U.S. Attorney General Loretta Lynch has said the Justice Department is looking into the incident and will later decide how to proceed.

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