CHICAGO (STMW) — The brother of a man fatally shot by an off-duty Chicago Police officer during a confrontation at a Near West Side Chicago Housing Authority building earlier this month is the suing the city.

Jarrod Horton claims police had no reason to arrest his brother, Marlon Horton, after he complied with a security guard’s request to leave the CHA Building in the 1800 block of West Monroe Street about 6:45 a.m. Sept. 7, according to a suit filed Tuesday in U.S. District Court in Chicago.

Authorities said the officer, working as a security guard, came to help a female security guard remove a sleeping Marlon Horton from the lobby of the building.

Horton left, but the guards argued with him when they saw him urinating on a truck outside, Fraternal Order of Police spokesman Pat Camden said at the time. The man allegedly knocked over the officer twice, and ripped several braids out of the other security guard’s hair, he said.

When it appeared Horton could get the security guard’s weapon, the off-duty officer drew his weapon, stating several times that he was a police officer and the man was under arrest, Camden said.

After the man failed to yield, the officer shot him once in the chest, Camden said.

Tuesday’s lawsuit disagrees, instead claiming police had no reason to believe Horton was committing a crime after he left the building and that the amount of force used against him was excessive.

Horton, of the 400 block of West Division Street, was taken to John H. Stroger Jr. Hospital of Cook County, where he was pronounced dead at 7:12 a.m., according to the Cook County Medical Examiner’s office.

The officer was working part-time for the CHA, and shot “in fear for his safety and the safety of the security guard,” police News Affairs said in a statement.

The man was trying to get back into the building when he fought with the female guard, the statement said.

“The City will review the complaint and prepare to aggressively litigate this case,” city Department of Law spokesman Roderick Drew said.

The seven-count lawsuit names the city of Chicago, two unknown Chicago Police officers, the CHA and two unknown CHA security guards as defendants.

It claims false arrest, excessive force, wrongful death, emotional distress and violations of Marlon Horton’s civil rights. It seeks an unspecified amount in damages.

The police Independent Review Authority was also investigating the shooting, spokesman Larry Merritt said.

(Source: Sun-Times Media Wire © Chicago Sun-Times 2013. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)