Pell City Police Officer  Vincent Warrington was cleared by a grand jury of any wrongdoing  for the shooting death of 41-year-old Barry Bush last November.

But Bush’s mother, Ann Dolores Bush, filed a lawsuit against Warrington for violating the civil rights of her son because of “unnessesary use of deadly force” and violating the Fourth Ammendment right to be “free from unnsessesary search and seisure.”

The Etowah County District Attorney’s Office originally handled the criminal case after St. Clair D.A. Richard Minor recused himself at the family’s request.

The civil trial is ongoing.