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Lawsuit filed against Cincinnati police officers involved in death of 16-year-old

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Cincinnati police have been sued by the family of a teenager who was shot and killed last summer by officers downtown.

His family filed a federal lawsuit against the police officers involved. It cites Cincinnati Police Officer Oscar Cyranek by name, but lists two other officers as only John and Jane Doe.

Officer Cyranek shot 16-year-old Davon Mullins after Mullins drew a firearm during a physical altercation with Cyranek, according to police.

The lawsuit contends that Mullins' constitutional rights against unlawful search and for equal protection were violated by the officers.

A surveillance video showed Cyranek confronting Mullins. The teenager resisted the officer's search and a physical altercation began and lasted more than a minute.

The video showed Mullins, of Westwood, pulling a firearm from his pocket. Police Chief James Craig said Mullins' finger was on the trigger. At that point, Cyranek drew his firearm and shot Mullins two times in the chest.

Mullins is seen throwing his firearm in the air. Cyranek held Mullins at gunpoint while he retrieved the gun. Mullins was taken to University Hospital where he was pronounced dead.

Mullins' family says police have yet to give them a report on the incident, almost 10 months after it happened.

"The family is angry. What do you think we can do? Well, I said, 'Let's find out what the police department's side of the story is,' and they have never ever, in spite of repeated requests, turned over a single document, a single report, a single investigation at all," said Mullins' family attorney Eric Deters.

The lawsuit says the unnamed officers are the ones who advised that several African-American individuals were seen with guns in the area of Sawyer Point Park, where the annual Black Family Reunion was being held.

The lawsuit calls for a jury trial and demands an unspecified amount of damages from the officers.

"I feel that because of what I've seen so far and what the public has seen, I think there is going to be an uphill battle, but Eric Deters is known for taking on tough cases and he is a real fighter, so it should be interesting to see what happens," said Mark Krumbein, a well known legal analyst.

Cincinnati police have not yet returned calls seeking comment on the lawsuit, which was filed late Wednesday afternoon in Federal Court in downtown Cincinnati.

Copyright 2012 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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