CINCINNATI (AP) -- The family of a teenager killed by a police officer in a struggle on Cincinnati's downtown Fountain Square last summer is suing city police.

The federal lawsuit filed Wednesday charges that police used excessive force and violated 16-year-old Davon Mullins' constitutional rights.

Mullins was fatally shot Aug. 20. Police say he had drawn a 9mm handgun on officer Oscar Cyranek. Cincinnati Police Chief James Craig has said the officer "had no choice."

The lawsuit contends that Mullins had already been disarmed and was on the ground without a weapon when the officer shot him multiple times.

The suit seeks unspecified punitive and compensatory damages, including legal costs and the costs of the youth's burial. The suit was filed for his mother Leona Mullins, and on behalf of her son's estate.