Eugene, Oregon—Eugene man shot by police has filed a federal lawsuit against the city of Eugene, a police dispatcher and two officers.

He was convicted for raising a gun toward officer during the incident. Rodriguez was shot in 2016, September 10.

He was shot by the officer Mark Hubbard.

He testified that he fired shot after Rodriguez began to raise the pistol toward him.

29-year-old Edgar T. Rodriguez filed on Friday in U.S. District Court in Eugene.

The lawsuit claims that the police violated Rodriguez’s rights by using excessive force against him.

It also asserts claims of negligence and intentional infliction of emotional distress.

Rodriguez said at the court that he had taken the large handgun out of his apartment to get it away from his out-of-control visitor.

He said he was going to use the gun to defend himself.

Lane County Circuit Judge Clara Rigmaiden sentenced him to five years of probation for a misdemeanor.

A military veteran who served in Iraq said he did not intend to commit a crime and he is appealing his criminal conviction.

The city intends to vigorously defend its employees.

Eugene police spokeswoman Melinda McLaughlin said that the officers’ actions were reviewed by both an interagency team of detectives along with the city review board. Rodriguez was found guilty by the jury.