Family of innocent bystander killed in Miami police-involved shooting files lawsuit

The family of an innocent bystander killed during a police-involved shooting in Wynwood last year has filed a lawsuit against the city and other parties.

Evelyn Valdes, 28, was fatally shot while in the backseat of a friend's car after an altercation at a nearby nightclub spilled into the street. Two Miami Police officers opened fire on an armed man involved in the dispute, killing him.

"Evelyn was shot through the vehicle that she was in," said Ramon Rasco, an attorney for the Valdes family.

The wrongful death lawsuit alleges that the officers used excessive force, citing surveillance video that shows the officers firing between 10 and 11 rounds across a 180-degree angle in a crowded street shortly after the clubs had closed.

"They shot a total of about 10 to 11 rounds. Over a wide angle of 180 degrees in a crowded Wynwood street right after the clubs had let out," Rasco said.

The legal filing also alleges negligent security at the Electric Lady nightclub, claiming the armed man was able to enter the premises with a weapon. Furthermore, the suit contends there was a delay in providing medical care for Valdes. According to the lawsuit, Valdes' friends called 911 at 3:06 a.m. to report that she was injured, but she was not transported to a hospital, located 1.3 miles away, for more than 30 minutes.

"It amplifies and intensifies the family's loss, and it's been very difficult for them," said Angelo Martin, another attorney for the family. "It's been a very emotional, troubling time".

CBS News Miami attempted to contact the parties named in the lawsuit for comment, but no one immediately replied. The city and the police department typically do not comment on pending litigation.