FARGO, N.D. (AP) – A man shot by Jamestown police officers after he came out of his Southwest Jamestown apartment building carrying a shotgun says in a civil lawsuit he never aimed the gun at anyone and police used excessive force.

Michael Partlow survived the September 2010 shooting.

Partlow’s attorneys say their client made suicidal threats after a night of drinking, and his sister called police.

The lawsuit says Partlow was bending down to place the gun on the ground when police opened fire.

The suit, which seeks unspecified damages, names officers Joseph Stadler, Michael Craig and Sidney Mann, was well as the city of Jamestown.

Jamestown City Attorney, Ken Dalsted, did not respond to requests for an interview.

A jury later convicted Partlow of terrorizing, but found he did not attempt to inflict bodily injury.

Partlow was given a two-year suspended prison sentence and five years of supervised probation.