NEW YORK (CBSNewYork) — The family of Akai Gurley, an unarmed man shot and killed by police in a Brooklyn public housing building, announced plans Thursday to sue the City of New York for $50 million.

Gurley, 28, was shot dead by rookie police officer Peter Liang on Nov. 20 in a dark stairwell at the Pink Houses in East New York in what police have called a tragic accident.

Brooklyn prosecutors have said they were presenting the case to a grand jury.

An attorney representing Gurley’s girlfriend and their 2-year-old daughter filed the paperwork Thursday, claiming the officer acted recklessly.

Police said Liang’s gun discharged accidentally.

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