Man shot by police files civil rights complaint, says police used excessive force

MILWAUKEE (CBS 58) -- The man who was shot by police in August is filing a civil rights complaint in federal court against the officers who shot him. 

Jerry Smith Jr. claims he was unlawfully detained and police used excessive force against him. He also says MPD has unconstitutional policies. 

Police Chief Ed Flynn and other police officers are named in the complaint. 

The officers decided to plead the fifth. Officers say they chased Smith back in August because he matched the description of an armed suspect. 

He ended up on the roof of a garage at 29th and Wisconsin. Smith denies having a gun and says he was ready to surrender when officers shot him. 

No charges have been filed against the officers.