DETROIT (AP) — The family of a man who was fatally shot by police outside a baby shower in St. Clair Shores has filed a $10 million wrongful death lawsuit against police.

The federal lawsuit was filed Thursday on behalf of the family of 29-year-old Theoddeus Gray of Detroit. The suit says Gray was shot while unarmed and after surrendering to police in St. Clair Shores.

Police Chief Todd Woodcox disputed that Gray had surrendered to officers, telling The Macomb Daily that the lawsuit was “the first I’ve heard of any allegation that he had surrendered.”

Gray was fatally shot Nov. 4 outside a Lakeland Manor banquet hall after police got a report about a man with a gun. Macomb County Sheriff Anthony Wickersham says Gray was armed and his office’s investigation determined that the shooting was justified. A police dog also was killed during the gunfire.

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