GRAND RAPIDS (AP) – A parole absconder who was shot by a U.S. deputy marshal while crawling out of a window of a Michigan home has filed a lawsuit seeking $10 million.

Donald Richardson says in the lawsuit filed in U.S. District Court last month in Grand Rapids against the deputy marshal that he was unarmed when he was shot in the back during a May 28, 2015 raid by a fugitive task force in Lansing.

A prosecutor’s review determined the shooting was justified because Richardson was holding an object, later determined to be a cellphone, and the marshal had reason to fear for his life. The lawsuit, however, disputes that assessment.

The U.S. Marshals Service isn’t commenting on the pending litigation. Records say Richardson is being held at a state prison in Michigan.

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