- Associated Press - Monday, May 11, 2015

FORT LAUDERDALE, Fla. (AP) - A federal lawsuit has been filed over the 2013 fatal shooting by a Broward County sheriff’s deputy of a man carrying what turned out to be an air rifle.

The lawsuit seeking unspecified damages was filed Monday on behalf of the estate of Jermaine McBean against the county, Sheriff Scott Israel and Deputy Peter Peraza.

McBean was shot July 31, 2013 by Peraza outside his apartment complex while carrying the unloaded Winchester air rifle. The lawsuit says the 33-year-old McBean threatened no one and could not hear deputies’ commands to drop the gun because he was listening to music with earbuds.

No charges have been brought against Peraza, a 12-year veteran at the time of the shooting. The sheriff’s office declined comment Monday on the lawsuit.

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