SAN DIEGO (CBS 8) - The family of a man shot and killed by a San Diego Police Officer in the Midway district last month has filed a claim against the department.

The claim accused the officer of using excessive and unreasonable force and intentionally not turning on his body camera. Officer Neal Browder says he was forced to open fire after Fridoon Rawshannehad Nehad advanced on him in a dark alley, carrying what he believed was a knife, and refused to follow commands. 

On April 30th, shortly after midnight that morning, Browder encountered Rawshannehad while responding to a report of a knife-wielding man threatening people inside and outside Hi-Lite Theater and Book Store, officials said.

Rawshannehad allegedly advanced on Browder in a dark alley to the rear of the business and ignored the officer's commands, prompting the 27-year department veteran to open fire. Medics took Rawshannehad to a hospital, where he was pronounced dead.

At the time of the shooting, the suspect turned out not to have been armed with a knife, though he was carrying some sort of shiny object, according to Lt. Hastings. The lieutenant declined to further describe what Rawshannehad allegedly had been holding.

Detectives investigating the officer-involved shooting determined that Browder had not activated his so-called "body camera" during the call, according to Lt. Hastings. 

Nehad's family says he was unarmed and posed no threat. They are now asking for $20 million.