The family of a student from Massachusetts killed by police in New York is taking steps to file a wrongful death lawsuit.
Family lawyer Michael Sussman said Tuesday he has filed notice of a $120 million claim against the town of Mount Pleasant and the village of Pleasantville.
Municipal officials did not immediately return phone calls.
On Oct. 17, 20-year-old DJ Henry, a Pace University football player, was shot in his car, outside a Westchester bar.
"This officer, without any warning, literally jumped out in front, giving him no time to stop and within a split second, was on his car, and from 2 feet away, 2-3 feet away, was firing bullets directed at him," Sussman said, speaking to ABC's Good Morning America.
Police say Henry drove his car into an officer.
Witness accounts of the shooting have differed sharply, and a grand jury is investigating.
This program aired on January 11, 2011. The audio for this program is not available.