One of two men shot by a Minot police officer two years ago has filed a federal lawsuit against the officer and the City of Minot.

According to a complaint filed in federal court, Joshua Peterson, 27, is now a paraplegic after he was shot twice by Officer Brandon Schmitt on Aug. 30, 2014, in a vehicle outside the Minot Welding Company. Based on past media reports, Schmitt was investigating a report of a suspicious vehicle and fired his weapon at the vehicle after it drove straight at him. Peterson and another man, Brandon Butler, were injured. The shooting was investigated and ruled justified by the Burleigh County State’s Attorney’s Office. Schmitt was cleared to return to duty. No charges were filed against Schmitt.

Peterson claims in his lawsuit that he saw a police car drive past and decided to leave the Minot Welding Company building and enter his parked vehicle. As Peterson began to drive away, he asserts that Schmitt approached and discharged his gun numerous times through the side and rear of Peterson’s vehicle. Peterson asserts that he was unarmed, posed no threat to the officer and Schmitt had no reason to use force against him.

He is asking for punitive damages against Schmitt for alleged use of excessive force, compensatory damages in the amount of $1 million or more against Schmitt for alleged battery, and $75,000 or more in compensatory damages from both the City of Minot and Schmitt for alleged negligence.

According to court records, Peterson pleaded guilty last year to possession of methamphetamine with intent to deliver, a Class A felony, for the offense that happened on Aug. 30, 2014. He was sentenced to 10 years in prison and ordered to serve five for the offense. Butler also pleaded guilty to possession of methamphetamine with intent to deliver and possession of drug paraphernalia and was sentenced to 10 years and ordered to serve five. Butler was sentenced as a habitual offender.