Allison and Bertrum Jean, the parents of Botham Jean, 26, are gearing up to sue the city of Dallas and Amber Guyger, the ex-cop who fatally shot him earlier this month, according to Dallas News.

The federal lawsuit will claim that Guyger “used excessive force” when she entered the Botham’s apartment and shot him without apparent cause. Lee Merritt, the family’s attorney, will be listing the city as a defendant in the case. Although, Guyger was off duty at the time of the shooting she was “under the color of state authority.”

“She is in uniform. She was wearing a badge, she purports to give commands, which he allegedly failed to comply to,” Merritt said. “Clocking in or clocking out has no bearing on that analysis.”

Guyger claimed she mistook Botham’s apartment for her own on Sept. 6 and shot him with her service weapon after mistaking him for a burglar. Merritt, however, does not believe her version of events and cites differences in her account and information in police reports. Neighbors reportedly heard Guyger screaming “let me in” before the shooting.

The city of Dallas could be help liable for Botham’s death if it can be proven Guyger was acting under the scope of her work as a cop.

It is still unclear when the suit will be filed.