A family is seeking justice for the death of their son, who was shot and killed by NYPD officers in November. The family of Erickson Gomez Brito will file a $20 million suit for wrongful death against both the city and the two NYPD officers involved, the New York Daily News reported Wednesday.

Erickson Gomez Brito, 21, of Brooklyn, was said to have been emotionally disturbed, and was killed by police officers Andris Bisogno and Jennifer Garcia on Nov. 19, 2016 after Brito allegedly assaulted the cops with their own baton. The family’s attorney, Stanford Rubenstein, filed a claim stating Brito’s condition was not adequately addressed and faulted the officers for “failing to implement an appropriate system for dispatching officers to handle situations involving emotionally disturbed persons and (for) failing to obtain appropriate and immediate medical attention.” 

Brito’s father, Osiris Gomez, said in a claim notice filed with the city controller’s office that the police involved in the ordeal did not notify an Emergency Service Unit. Brito was said to have suffered from depression, according to relatives.

Bisogno and Garcia arrived at the Van Dyke Houses in Brownsville after they received a report of a man acting suspiciously on the premise. The officers found Brito on a floor of the building and asked for his identification. Brito argued with the cops and the ordeal turned into a physical struggle, according to CBS New York News.

One officer pulled out a baton, and Brito apprehended the device and allegedly proceeded to beat the cops with it, striking their heads, until both officers fired at Brito. Nine bullets, in total, were fired by both officers and Brito was pronounced dead at the scene. Both officers were treated for head injuries at a hospital after the incident; Bisogno received surgical staples for an open wound on his head.

Video footage taken of the incident allegedly shows a time gap between the shots fired by each officer, which Rubenstein mentioned was a “serious issue” in the case.