Rodrigo Lopez, left, listens as Sujay Cruz speaks at a news conference about their son Andy Lopez in San Francisco, Monday, Nov. 4, 2013. The parents of 13-year-old Andy Lopez alleged in their lawsuit filed in San Francisco federal court on Monday that Sonoma County Sheriff's deputy Erick Gelhaus wrongfully shot the teen on Oct. 22 in a modest Santa Rosa neighborhood. The lawsuit says that Gelhaus and the Sonoma County Sheriff's Department deprived Lopez of his civil rights and seeks unspecified damages. (AP Photo/Jeff Chiu)

Rodrigo Lopez, left, listens as Sujay Cruz speaks at a news conference about their son Andy Lopez in San Francisco, Monday, Nov. 4, 2013. The parents of 13-year-old Andy Lopez alleged in their lawsuit filed in San Francisco federal court on Monday that Sonoma County Sheriff’s deputy Erick Gelhaus wrongfully shot the teen on Oct. 22 in a modest Santa Rosa neighborhood. The lawsuit says that Gelhaus and the Sonoma County Sheriff’s Department deprived Lopez of his civil rights and seeks unspecified damages. (AP Photo/Jeff Chiu)

Family of Andy Lopez, teen killed by sheriff’s deputy, files federal lawsuit

The parents of a 13-year-old Santa Rosa boy killed by a sheriff’s deputy, who thought the airsoft rifle he was carrying was real, has filed a lawsuit over their son’s death, claiming the deputy who shot him used excessive force and had a history of “reckless” acts.

Andy Lopez was a “charismatic kid” who was “shot without provocation or cause,” in violation of his Fourth Amendment rights, according to the suit (PDF), which Rodrigo Lopez and Sujey Cruz Casarez filed Monday in San Francisco federal court.

They are represented by Casillas, Moreno and Associates, based in Montebello, Calif., which won a $24 million verdict after a Los Angeles police officer there shot a 13-year-old boy playing cops and robbers, leaving him paralyzed.

Read more on NBC Bay Area.

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