The lawsuit was filed on behalf of Phoebe Loggins, the widow of Sgt. Manuel Levi Loggins Jr., and their four daughters. The wrongful death and civil rights lawsuit seeks unspecified damages.
The lawsuit alleges Deputy Darren Sandberg violated Loggins' rights against unreasonable search and seizure.
Sandberg shot Loggins, 31, in the parking lot of San Clemente High School on Feb. 7. Loggins had crashed his GMC Yukon through a gate and apparently refused the deputy's orders.
The sheriff's department says Sandberg feared for the safety of Loggins' two daughters who were in the SUV. However, the suit accuses Sandberg of using excessive force in the incident, and that Loggins made no aggressive movements or gestures that would suggest he was armed.
The family's attorney earlier filed a wrongful death claim against the county, a necessary legal step before filing a lawsuit. The claim was rejected, leading to the lawsuit.
The Orange County District Attorney's Office is investigating the shooting.