A Fort Worth man who claims police shot him in the back is suing the Police Department for using excessive force and deliberately fabricating evidence to charge him with felony assault, according to a federal lawsuit.

Jeremi Rainwater, 36, was shot on his front porch by a member of a Fort Worth police zero-tolerance team in December 2015. Officers had surrounded his home after being told Rainwater had been involved in shooting up a car with a shotgun at a nearby bar.

Police officers contend Rainwater came out of his home, pointed a black semiautomatic pistol at them and ignored two pleas to drop the gun, an affidavit states. The police officers contend Rainwater was shot to protect the officers from an immediate threat.

Rainwater said that he never knew the police were outside his home when he came out on his porch to investigate what was agitating his dogs, that his gun was always pointed at the ground and that his wounds indicate he was shot in the back, according to the lawsuit, filed on Tuesday.

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