GOSHEN, Ind. (AP): A lawsuit filed by a bystander who was shot by a northern Indiana police officer says he was left paralyzed from the waist down and was the victim of excessive force.

The federal lawsuit from 68-year-old Fernando Cuevas against the city of Goshen claims he wasn’t near the man whom officers where pursuing when one officer shot at him in a parking lot on April 5.

Authorities say two other officers fatally shot 19-year-old Michael Alcaraz of Bristol when he brandished a shotgun after attempting multiple carjackings and leading officers on a chase.

The lawsuit claims the officer shot Cuevas without any justification and seeks punitive damages against the city. The Elkhart County prosecutor cleared the officers of any criminal wrongdoing.

Goshen officials didn’t immediately comment on the lawsuit.