LAFAYETTE -- A 29-year-old man who was shot by Lafayette police three times after police said he charged at them outside his home has filed a lawsuit accusing the officers of excessive force.

Michael Schock, a UC Berkeley graduate who works as a software engineer, filed the suit Thursday in federal court, naming the city, its Police Department, and Officers Steve Harrison and Michael Marshall as defendants. The suit also lists as a defendant the Contra Costa County Sheriff's Office, which contracts police services to the city.

Schock survived the close-range shots to his abdomen and thigh and was later arrested. His attorney said Schock was armed with only a broom and for only a matter of seconds.

"We have through our investigation concluded that this is an extremely egregious example of police misconduct," attorney Stan Casper said. "My firm has handled many, many police shooting cases. I've never seen one that was so unjustified as this one."

The city of Lafayette referred all questions to the Sheriff's Office. Sheriff David Livingston said he could not comment because he had not seen the lawsuit.

On the morning of April 2, 2013, Schock, who Casper said has a history of emotional problems, began throwing his belongings out of his second-story bedroom window. Police came to his family's home on Woodview Drive at 7 a.m. after a family member called 911 and hung up.


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When Harrison and Marshall arrived, they saw Schock at the front door with a pocket knife in his hand, according to the suit. Schock gave the knife to his sister's boyfriend, who the officers then patted down, the suit says. Emotionally fragile and fearing for the boyfriend's safety, Schock came outside the house, and Harrison shocked him with a Taser at least twice, according to the suit.

Schock then grabbed the broom near the front door, and Harrison shot Schock as he approached the officers, according to the suit.

The complaint says Schock dropped the broom before he was shot; in previous statements, police said Schock quickly charged at officers in a threatening manner with a blunt object in hand.

Schock is out of custody and awaiting a preliminary hearing later this year on charges he obstructed an officer, exhibited a deadly weapon and made criminal threats the day of the shooting.

The lawsuit seeks unspecified damages and came after the city rejected a claim from Schock.

David DeBolt covers breaking news. Contact him at 510-262-2728. Follow him at Twitter.com/daviddebolt.