The family of 27-year-old Eddie Irizarry has filed a wrongful death lawsuit against two Philadelphia police officers including former Officer Mark Dial after Dial shot and killed Irizarry during a traffic stop last month.

News of the lawsuit came just one day after a judge dismissed murder charges against Dial. Judge Wendy L. Pew cited a “lack of evidence” in dismissing the case against Officer Dial despite surveillance footage showing Dial approaching Irizarry’s vehicle and shooting six rounds roughly seven seconds after the traffic stop.

Irizarry’s sister filed the lawsuit on Wednesday in the Philadelphia County Court of Common Pleas on behalf of Irizarry’s estate and his son. The lawsuit claims the defendants are liable on three civil claims, including assault and battery and wrongful death. The lawsuit names the two officers who were involved in the traffic stop, Mark Dial and his partner, Officer Michael Morris.

The lawsuit accuses the officers of using deadly force despite circumstances that did not warrant it. During the traffic stop, an officer can be heard yelling that Irizarry had a gun. According to Dial’s legal team, because the officer feared for his life, he discharged his gun.

The family, however, says this excessive use of force was not warranted. The lawsuit claims that the notion Irizarry had a gun was false and instead, he was found to have a pocket knife near him. The family says that Irizarry carried the knife and used it during his work as an auto mechanic.

The family also accuses the officers of executing lethal force without using other mitigation tactics first such as using a taser. Irizarry had no “opportunity whatsoever to comply with any law enforcement commands to either ‘drop the knife’ or to ‘show me your hands,’” alleges the lawsuit. As such, Officer Dial acted “unlawfully.”

In addition to using unwarranted lethal force, the family argues that the altercation could have been prevented had the officers conducted the traffic stop appropriately. The complaint describes that Dial “essentially surprised” Irizarry during the traffic stop because they did not use sirens or lights to alert him that they were going to pull him over. Instead, the officers pulled alongside Irizarry’s vehicle as he was parking before they quickly rushed him as seen in the surveillance footage.

The lawsuit explains, “From the time that Defendant Police Officer Dial exits his vehicle with his gun out, until the time that he shoots the Plaintiff’s Decedent, approximately 5 seconds pass.”

Additionally, the lawsuit highlights conflicting claims made by the officers. Initially, Officer Dial said that Irizarry had “lunged” at him. However, police footage later showed that Irizarry never exited his vehicle.

Under Pennsylvania statute 8301, a wrongful death is described as a death that is “caused by the wrongful act or neglect or unlawful violence or negligence of another.” When determining the grounds of wrongful death, plaintiffs should consider whether the decedent could have filed a personal injury lawsuit had they survived. In both personal injury and wrongful death claims, a plaintiff must show that the defendant was negligent, reckless, or intentional in their actions.

"We're going to continue to fight, we're going to appeal the case and continue to fight," Zoraida Garcia, Irizarry's aunt, shared with local outlet FOX 29. "He committed a crime and he needs to pay for the crime he committed.” Despite the dismissed charges, the family hopes the wrongful death lawsuit is one way to hold the officers accountable.

The District attorney has also vowed to hold the officers responsible as a motion to reinstate charges was filed shortly after the initial charges were dismissed. A hearing on that motion is set for next month.

The family’s lawsuit is seeking at least $150,000 in damages.