Ashleigh Mills contributed to this report.

LOUISVILLE, Ky. — The family of David McAtee, owner of a YaYa's BBQ in Louisville's West End, has filed a lawsuit against Louisville Metro
Police Department officers Katie Crews and Austin Allen, several unnamed LMPD officers, and several unnamed National Guard officers. McAtee was fatally shot by a Guard officer June 1 during protests over the death of Breonna Taylor.

The lawsuit, filed by McAtee's mother Odessa Riley and his niece Maychelle McAtee, claims that LMPD escalated tensions in the city during protests in late May and early June. It also claims the LMPD officers violated several policies, including turning off their body cameras and using deadly force when there was no threat to their safety.

Guard officers sent to Louisville, the lawsuit says, did not receive proper command, instruction, equipment or training before being assigned to areas of Louisville, and the chain of command was not made clear.

The lawsuit says that prior to his death, McAtee hadn't committed any crime. Riley and Maychelle are seeking exemplary, punitive, and compensatory damages.

LMPD said that it was breaking up a gathering outside Dino's Food Mart at 26th and Broadway when the incident that led to McAtee's death occurred.

In June, Cabinet Secretary J. Michael Brown reported McAtee was killed by a single shot to his chest. Bullet fragments indicated that the bullet came from one of the Guard officers, Brown said.

Brown said he believes McAtee fired the first shot.

Brown also said a 9mm pistol was found inside McAtee's business and had fired at least two bullets, and a matching shell case was found outside the business's entrance.

Gun powder residue was found on McAtee, however, Brown couldn't say what kind of gun the residue came from.

Steve Romines, attorney for McAtee's estate, says law enforcement fired pepper balls at people before McAtee fired the shot police said he did.

“[Officers] shooting people as they're running into the restaurant and these people are yelling, 'They're shooting at us. They're shooting at us!' [McAtee] doesn't have any idea it's law enforcement. He's grilling hamburgers. You can see the videos of 10 seconds before this happens. He's actually serving a plate of food to someone,” said Romines.

Romines claims McAtee’s niece, Maychelle, was hit by the pepper balls before people realized what they were.

“[McAtee] may have actually fired a shot in the air. Again, we don't have a round recovered. But that is a reasonable response when people are saying, 'They're shooting at us. They're shooting at us’…if you ever have a reason to use a firearm, it is when people are being shot in your home,” said Romines.

Romines says it’s important to consider the events leading up to the shooting, rather than start the narrative with LMPD’s claim McAtee fired at law enforcement first.

The suit states officers did not identify themselves, give an order to disperse and allow time to do so or warn people of the pepper balls.

"It's everything they did that led up to that is what caused David's death," alleged Romines.

The family’s attorney says Riley has had a hard time recently. McAtee’s nephew was killed over the weekend near the same scene as McAtee. 

"She is an extraordinarily tough woman. But I mean, this is hard on anybody. She's just, you know, getting through day to day,” Romines said.

In August, the Kentucky State Police's investigation into McAtee's death was completed and turned over to prosecutors. The FBI is also conducting its own investigation.