HONESDALE, PA — The family of Derek DeGroat, who was shot to death by police in December 2015, has filed a multi-million dollar lawsuit against Pennsylvania State Police and the Wayne County District Attorney’s office. The suit, which was filed on June 23, seeks $1 million in damages.

At the time of the incident, Pennsylvania State Police responded to 911 reports of a man with a gun threatening to kill himself and threatening to kill police if they came to the home in Canaan Township. In January Wayne County District Attorney Janine Edwards ruled that the shooting was justified, because DeGroat had several weapons and made threats against police officers.

But the lawsuit claims that police knew or should have known that DeGroat’s guns were not loaded, and DeGroat’s family have called the police response a case of excessive use of force. They have called for passage of Derek’s Law, which would require a trained professional suicide prevention expert be dispatched when calls to police involve mental health issues.

In January, Edwards ruled the shooting justified because, she said, the troopers had “reasonable fear for their lives and the lives of others.” She also said at the time the incident was a case of “suicide by cop.”

According to Edwards, DeGroat was armed with three long guns (which were later found to be unloaded), a machete and a hatchet. He was outside the house when the troopers arrived, and began walking toward them. Edwards said the troopers asked him to drop his weapons, but DeGroat refused to do so.

She said the autopsy showed that DeGroat, who was 21, was shot 11 times, six in the legs and five in the upper body. He also had a blood alcohol content of .211%.