The parents of a college football player are suing the policeman who shot and killed him, calling the shooting an "unconscionable use of force."
In a complaint filed Wednesday afternoon, Danroy Henry Sr. and Angella Henry of Easton, Mass., say the officer violated the civil and constitutional rights of their son, Danroy Henry Jr., and demand compensation for their son's death and their suffering.
"The pain of losing our son so suddenly is insatiable and not only has his absence changed us forever, but his suffering will always haunt us as well," the parents said in a statement.
The Pleasantville, N.Y., officer, Aaron Hess, was cleared of wrongdoing by a grand jury in February. His police union colleagues recently named him Officer of the Year. His lawyer, John K. Grant, did not immediately return messages seeking comment on the lawsuit.
Hess shot Henry through the windshield of Henry's car Oct. 17, 2010, as the 20-year-old drove away from a disturbance that spilled out of a bar in Thornwood, N.Y., after the Pace University homecoming game. Autopsy results found Henry's blood alcohol level above the legal driving limit, but the family says Henry was not drunk.
Hess has said he was hit by the car, thrown onto the hood and had no choice but to fire to stop the driver.
In their complaint, the Henrys say the car was moving at a reasonable speed. They say Hess jumped in front of the car, "ascended" the hood and fired at their son for no good reason.
They say he "steadied himself and fired four shots."
The complaint says the shooting was "an unconscionable act, shocking to the judicial conscience and the sort of action which must be eliminated and deterred to preserve the values of a civilized society."
It says Henry, who was a defensive back for Pace, "planned to pursue a career in the National Football League and/or business" and his death caused his parents monetary harm.
The lawsuit also names the village of Pleasantville as a defendant. It says the village contributed to Henry's death by failing to properly train and supervise Hess.
A message left for Pleasantville Administrator Patricia Dwyer was not immediately returned.
The lawsuit alleges civil rights violations, but there is no specific mention of race in the complaint. Henry was black and Hess is white.
The parents have previously refused to blame the shooting on racial prejudice, saying they did not know what was in Hess' heart. However, they have requested a federal investigation, and the Justice Department has said it would review the case for possible civil rights violations.
The Henrys said in January they also planned to sue the town of Mount Pleasant because a Mount Pleasant officer also fired at Henry's car. But their lawyer, Michael Sussman, said Wednesday they decided to sue only those who whose actions caused their son's death.
No specific amount of damages was listed in the complaint. Sussman said in January the Henrys would seek $120 million.
This program aired on April 20, 2011. The audio for this program is not available.