LOS ANGELES (CBSLA) — The father of Anthony McClain, who was fatally shot while running from police, has filed a federal civil rights lawsuit against the city of Pasadena and several of its police officers.

Anthony McClain, 32, was fatally shot by Pasadena police while running away following a traffic stop. (Family photo)

McClain, 32, was a passenger in a vehicle that was pulled over by Pasadena police officers on Aug. 15. He allegedly got out of the vehicle and began running away, and was shot at least once by officers. McClain died that night at a hospital.

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Pasadena Police Chief John Perez released police videos of the shooting after the traffic stop last month. He said the videos show McClain can be seen holding a gun in his waistband with his left hand as he runs around the vehicle, and to the other side of the street.

Attorneys for Archie Barry, McClain’s father, claim he was holding his belt buckle and that a gun recovered across the street is not tied to him and was “planted” by officers. A gun was not clearly visible in the footage released by the police department, but McClain can be seen with his hand at his waist as he runs from the officers.

The lawsuit was filed in Los Angeles federal court late Monday and includes a name of an officer who allegedly shot McClain twice in the back “without warning” and “without legal justification,” according to the lawsuit. Pasadena police have not released the names of the officers involved in the shooting.

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The lawsuit also claims the officer shot McClain “because he was an African American man” and the officer and unnamed colleagues then participated in a cover-up.

Last month, Pasadena police said a DNA test conducted by the sheriff’s Scientific Services Bureau determined that McClain’s DNA had been found on the gun found at the scene, and no one else’s was found on it.

The lawsuit seeks unspecified survival and wrongful death damages and legal fees.

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