WASHINGTON COURT HOUSE, Ohio (WCMH) -- The family of a man who died after being hit by a police stun gun one year ago is suing the officer.   NBC4 Investigates showed you the deadly encounter last year, all captured on the officer’s body-worn camera. The officer who deployed the stun gun was not named, citing Marsy’s law, but now he is being named in this new lawsuit.  New technology warns drivers of congestion on select Columbus highways Timothy West died on Oct. 1, 2023. Now his family is pushing for justice through a civil lawsuit that was filed on Sept. 30, with the lawyer for the family calling the officer’s tactics reckless and deadly.  The lawsuit outlines five claims for relief: excessive force, deliberate indifference to serious medical needs, two claims of negligence and a wrongful death claim against Washington Court House Police Officer Trevor Phillips. They are asking for the damages to be outlined at trial.  Watch: Family of man killed by Washington Court House police taser sues officer The incident started with a traffic stop on Oct. 1, 2023. A BCI investigation states Phillips said he observed the car West was a passenger in committing several traffic violations. Phillips attempted to pull over the car and West got out and ran. West ran into a yard, turned around in a dead end and Phillips instantly deployed the stun gun, hitting West in the head.  In an interview with NBC4 Investigates last October, West's brother Matt West said, “My brother should not have ran that night, plain and simple. I don’t believe in running away from the police in any incident at all. So he was wrong for that. Now, should that have led to his death? No. Absolutely not.”  Three and a half minutes passed before life-saving measures were started on West. He was pronounced dead at the hospital.  Delaware home contractor sued by Ohio Attorney General for second time BCI investigated the incident and referred it to the Fayette County prosecutor. The prosecutor declined to bring charges against Phillips, writing: "In this matter, there is no probable cause that the actions or any perceived inactions of Ptl. Phillips constitute any criminal offense, and presenting this case to a Grand Jury would be a violation of the Ohio Rules of Professional Conduct that binds all attorneys including myself.”  This new lawsuit claims Phillips’ actions resulted in the wrongful death of West and that Phillips violated West’s constitutional rights. The lawsuit says Phillips did not give any warning before firing the stun gun and did not immediately render aid afterward.  In a statement, Matt West said in a press release from the law firm suing the officer, “We are filing this lawsuit to seek justice for Timothy. As hard and as painful as it is to grieve publicly like this and to have to relive his death through this case, our family wants answers and accountability. No one is above the law, regardless of whether you have a badge. We are devasted to have lost Timothy, but we hope that his senseless death can become a case study for the future so this may never happen to another family, that they don’t have to feel the grief that our family relives every single day.”   The lawyer for West's family, Jacqueline Greene also included a statement saying, “Officer Phillips’ policing tactics were reckless and deadly, and he unjustifiably ended Timothy West’s life. Tasers – contrary to what we’re often told – can kill, especially when used improperly. Police are taught about risks of taser use and dangers of tasing someone in the head. Timothy’s family deserves the truth about how and why Timothy died and about this use of force that violated Timothy’s constitutional rights and cost him his life.”  Westerville schools rescinds religious release policy Phillips returned to duty after the investigations and is still currently an officer at the Washington Court House Police Department. Officer records show he has worked there since the end of 2020.  NBC4 Investigates was referred to the Washington Court House city manager for comment from the city. We have not heard back.