By CBSLA Staff

LOS ANGELES (CBSLA) — The city of Long Beach and the state of California are getting sued in a wrongful death case involving an allegedly armed man killed by California Highway Patrol on the 710 Freeway.

31-year-old Ruben Escarrega was shot at about 11:30 p.m. on May 7, 2020.

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Police were called with reports of a man walking along the freeway that night.

When they approached him, he allegedly refused to drop a knife, leading to CHP opening fire, killing Escarrega.

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The family of Escarrega filed the lawsuit on Wednesday in Los Angeles federal court, claiming civil rights violations and they’re seeking unspecified damages on behalf of Escarrega’s mother and minor son. They accuse officers of waiting too long to give medical care to Escarrega and allege he posed no immediate threat.

CHP did not comment on the case, citing pending litigation.

The city of Long Beach has also not yet responded to a request for comment.

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(© Copyright 2021 CBS Broadcasting Inc. All Rights Reserved. City News Service contributed to this report.)