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Family of man fatally shot by NYPD officers plans to sue the city. How the city is responding.

Family of Win Rozario plans to sue NYPD for deadly shooting
Family of Win Rozario plans to sue NYPD for deadly shooting 01:56

NEW YORK -- The family of Win Rozario, a 19-year-old man who was shot and killed by New York City Police Department officers earlier this year, says they plan to sue the city, and they took the first step in that process Tuesday.

The Rozario family filed a note of claim, which informs the city that they plan to sue. They also met with the New York attorney general's office.

Win Rozario's family says NYPD mishandled response to mental health emergency

Rozario's family fought back tears after that meeting Tuesday and said they were too distraught to speak after seeing additional body camera footage. Through a spokesperson, the family reiterated what they told CBS New York days after the shooting -- that they believe the 19-year-old's death was avoidable and police mishandled the response to his mental health emergency.

"Changes to the policy, discipline for these officers -- all of these things that we're not seeing on a policy level, on a practice level at a larger scale, I think you're gonna see a lot of that in the litigation once we file it," attorney Luna Droubi said.

The mayor's office says their hearts are broken, they're cooperating with the AG, and they'll review the lawsuit when it's filed. A spokesperson for the NYPD also said the department will review the lawsuit "if and when we are served."

Back in May, the NYPD said it rarely uses force on mental health calls, but it's always looking to improve and there is much work to be done.

Body camera footage released in May shows Rozario with scissors in his hand moving toward officers who tried to stop him with a Taser before fatally shooting him.

The shooting has sparked a citywide debate about how police respond to mental health emergencies, and the family's attorneys say those officers escalated the situation and should be fired.

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