(COLORADO SPRINGS) — A man who was shot while running from Colorado Springs Police in 2024 is suing the City and the officer involved. The $7 million lawsuit was filed in July, although the 4th Judicial District Attorney’s Office justified the officer’s use of force in January.

According to the Colorado Springs Police Department (CSPD), on June 9, 2024, at around 12:45 a.m., three officers with the Downtown Area Response Team were on foot patrol in front of a business at 18 South Nevada Avenue between Colorado and Pikes Peak Avenues. Officers heard a disturbance north of their location, and as they began moving toward the noise, they saw a woman fall to the ground after appearing to have been assaulted.

Security camera video released by CSPD showed the suspect, later identified as 22-year-old Al’Morion Germany, allegedly aiming a gun at a woman and then striking her across the head with the gun.

CSPD said Officer Benjamin Hengel pulled his taser and identified himself as a police officer. As Officer Hengel approached the disturbance, a man stepped in front of the officer and chased Germany, but then stopped and raised his hands. Officer Hengel moved around the man and saw Germany allegedly aiming a handgun at the man and him.

Officer Hengel shouted “gun!” and ordered Germany to drop the weapon, then drew his department-issued handgun. CSPD said Germany turned and ran north on South Nevada Avenue. Germany then turned onto Pikes Peak Avenue towards a parking garage known for heavy foot traffic at that time of night.

As Officer Hengel turned onto Pikes Peak, he dropped his taser and fired three rounds from his gun at Germany, hitting him twice. Germany continued running across Pikes Peak before complying with the officer’s commands to get on the ground.

Officers rendered medical aid to Germany until paramedics arrived. Germany was taken to the hospital with serious but non-life-threatening injuries.

Germany’s attorney said he is still recovering from the shooting, as he faces two counts of assault from the initial incident, which led to the shooting. His attorney believes that just because Germany assaulted someone with a gun, it should not authorize the use of deadly force.

CSPD said Germany created imminent danger with the weapon, and ran into a busier area, which made it difficult for officers to use a less lethal means of containing him.

The lawsuit asks for $7 million in damages for Germany’s injuries, including a collapsed lung, and asks the department to reform its training around the limits of deadly force.

While CSPD said it won’t comment on pending litigation, it did tell FOX21 Officer Hengel has been with the department for the last five years.