(AP and Post) – A civil lawsuit has been filed nearly a week after the Buchanan County Prosecutor’s Office announced it will not be filing charges in an officer involved shooting which resulted in the death of Jason Fanning earlier this year.

The family of Fanning filed suit Wednesday in Buchanan County against the City of St. Joseph stating that police used excessive and unnecessary force which resulted in Fanning’s death.

The lawsuit was filed in Buchanan County Circuit Court by relatives of the 27-year-old who was shot by police in February. As we previously reported, last week, Prosecuting Attorney Dwight Scroggins announced that no charges would be filed against St. Joseph police officer Justin Bever in the shooting.

Fanning’s family states that police didn’t adequately train or supervise the officer. The city, officer Bever and Police Chief Chris Connally are named in the lawsuit, which seeks unspecified actual and punitive damages.  The family is demanding a trial by jury in the matter on all counts.

“The conduct, acts, errors and omissions of Defendant Bever demonstrate aggravating circumstances attending the death of Decedent, justifying and award of punitive damages to deter similar future wrongdoing,” the lawsuit states.

A trial setting is scheduled for August 1.