SACRAMENTO (CBS13) — The brother of a man shot and killed by Sacramento police is now suing the department.

Surveillance video showed Jeremy Southern pointing a gun at officers before they shot him last month at the Crossings Apartment Complex near Sacramento State.

About three minutes after he fell to the ground, an officer shot him again, after Southern appeared to crawl toward the gun.

An attorney for Southern’s family claims that the second shot was not necessary and against the law.

WATCH: Police Release Body Cam Footage Of Fatal Shooting Near Sac State That Killed Jeremy Southern