Family of Dontae Martin files civil suit against Montgomery Co. Sheriff’s Office

This photo from July 23, 2015 shows the scene where Dontae Martin was shot after Deputies say he pulled a weapon. (WDTN Photo/Bear Everett)

HARRISON TWP., Ohio (WDTN) – The family of a man who was shot and killed by deputies filed a civil lawsuit against the Montgomery County Sheriff’s Office Friday.

34-year-old Dontae Martin was shot 13 times by two deputies in July of 2015. At least three of those gunshot wounds were to the head, according to a coroner’s report.

RELATED: Autopsy shows deputies shot Dontae Martin 13 times

The autopsy report also reveals the Martin’s alcohol level was nearly four times the legal limit.

Click on the image to read the full complaint filed in federal court.

The federal lawsuit taken on by the Wright & Schulte firm lists Deputy Joshua Haas and Deputy Gust Teague, Sheriff Phil Plummer, and the Montgomery County Board of Commissioners as defendants.

The complaint alleges the deputies initiated deadly force without probable cause and were never disciplined for their actions. It also says as a result the family suffered ‘permanent damages, including, but not limited to, grief, depression, and severe emotional distress. They have incurred funeral bills and other expenses and will incur additional expenses in the future.”

RELATED: Grand jury hands down no indictment on Dontae Martin case

In November of 2015 a grand jury decided not to indict the deputies involved. At that time the Montgomery County Sheriff’s Office explained that Haas and Teague were approaching Martin’s heavily tinted vehicle when they flashed a light into the driver’s window.

The deputies report seeing the man point a gun, described by Sheriff Phil Plummer as a  known ”cop killer,” at the deputies. Witnesses tell authorities they heard and saw the officers command Martin to put down his weapon. Deputies say when he did not, they began to fire.

Plummer later learned Martin did not carry a conceal carry permit and had bought the firearm from an area gun show.

2 NEWS reporter Maytal Levi reached out to Montgomery County Sheriff Phil Plummer about the civil suit, but he declined to comment. She also reached out to the county board of commissioners, but hasn’t heard back.

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