During the encounter, the station said, Dail was allegedly involved in a drug deal at the LBJ Food Mart, which was witnessed by an undercover officer.

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"Officers witnessed a hand-to-hand drug transaction occurring. The suspects got into a vehicle. The driver, they couldn’t catch up to the driver. After a short pursuit, the officer lost them even with the assistance of Air One," Police Chief Eddie Garcia said in July.

Dail then went back inside the convenience store and was approached by officers Thomas Hoffman, Noah Hemm and Michael Piering, who were seen on video surveillance captured inside the store grabbing the suspect.

Dail is seen wielding a gun, which flies across the room, KDFW reported. The video footage captured one of the officers saying, "gun." A short time later Officer Hoffman fired his gun. Dail was struck by a bullet and died of his injuries at an area hospital.

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KDFW said the lawsuit claims Chief Garcia, "failed to implement and enforce such policies, practices, and procedures for DPD that respected Dail’s constitutional rights."

Civil Rights attorney Justin A. Moore filed the lawsuit on behalf of Dail’s family.

"This Civil Rights lawsuit is an attempt made by Kyle’s family to find the justice that the City of Dallas and Dallas County have avoided aiding in retrieving, even though it is what the Dail family is owed," Moore said in a statement obtained by KDFW.

The attorney also claimed police did not provide evidence showing Dail was involved in a drug deal, and video obtained shows he was "not a threat" and was shot "in the back unnecessarily."

Dallas police declined to comment on pending litigation.