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Family of man believed to be unarmed when Austin officer shot him files lawsuit

Austin Police Chief Brian Manley said that after a man was shot by an officer, it was discovered that the man may have been unarmed. The family of the man who was shot is now filing a lawsuit against the police officers and the City of Austin.

AUSTIN — The family of a man who was shot and killed by an officer earlier this year has filed a lawsuit against the Austin Police Department and the City of Austin, according to a court document.

Hugo Alvarez was involved in a SWAT standoff back in March.

According to the lawsuit, Alvarez called 911 because he was worried there were people outside his home who were going to harm him and his mother, who was inside.

Officers started knocking on doors, trying to figure out who had called 911. Alvarez, thinking that the knocking was coming from the people he was worried about, grabbed his gun and fired several shots out a closed window and through a locked door, the lawsuit said.

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One officer was shot in the arm.

Later, Austin Police Chief Brian Manley said the police department was made aware on the night of the incident that Alvarez possibly left the firearm inside the home prior to exiting. When Alvarez walked out of the home, a SWAT officer fired one shot, which killed Alvarez.

The lawsuit, filed by Alvarez's family, claims the officer who fired the shot knew Alvarez was not armed when officers fired at him. The lawsuit demands a jury trial for that officer and an unspecified amount of money in damages, according to the Statesman.

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