HAZLETON, Pa. -

The family of a man shot to death by police in Luzerne County is now suing the police department and the city of Hazleton.

Police say they were forced to shoot Jonathan Garay last October after he pointed a gun at them.

The shooting was ruled justified.

But Garay's family says Garay was not pointing a gun at the time and they say he was shot in the back.

The family says the shooting was unjustified and racially motivated.

The Hazleton mayor says the city is in the process of defending the suit.