(CBS DETROIT) – A federal lawsuit has been filed after a man alleges a Grand Rapids police officer thought he was a suspect in connection to a stolen vehicle and fired a gun in his direction.

According to MLive, the lawsuit was filed by Daevionne Smith against Gregory Bauer, the officer involved in the incident, the Grand Rapids Police Department, and the city of Grand Rapids.

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On Dec. 9, late in the Smith was leaving his father’s house and started running because he thought there were attackers on the side of the house.

While running, the officer allegedly slipped, fired his gun, and it hit a building.

Police say that Smith’s White Audi that was parked outside of his father’s house looked similar to a stolen vehicle that was involved in a shooting earlier that day.

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Bauer is charged with careless discharge of firearm.

The $8 million lawsuit was filed to compensate Smith for post-traumatic stress and mental anguish.

Benton Harbor attorney John Beason III claims that officers should have checked if it was the correct vehicle.

The jury selection for Bauer’s trial will take place on May 12.

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