This is an archived article and the information in the article may be outdated. Please look at the time stamp on the story to see when it was last updated.

INDIANAPOLIS, Ind. (March 19, 2016)–The man accused of killing an IMPD officer in the summer of 2014 is suing the department once again, this time claiming he was denied medical care after being wounded by police gunfire.

Major Davis II is charged with the murder of Officer Perry Renn who responded to a report of shots fired during a Fourth of July weekend party in an alley behind East 34th Street at Forest Manor Avenue.

Renn and Officer Nicholas Gallico fired on Davis as he refused to drop an AK-47, according to charging information, after gunfire in the vicinity of a backyard cookout attended by women and children on that Saturday night.

An earlier lawsuit by Davis claiming he was unarmed was rejected by a federal judge.

Now Davis is alleging that he was wounded and unattended for up to an hour that night as emergency crews responded to Officer Renn.

Davis reasserted his claims he was unarmed.

Witnesses said Renn delayed firing on Davis because of the proximity of Latasha Ruffin, the mother of Davis’ children, who inserted herself as a peacekeeper between the officers and her boyfriend.

“The misconduct of Defendant Renn and Galico as alleged herein approximately caused Plaintiff, Major Davis to suffer injury including bodily injury, pain and suffering, shock, extreme emotional distress humiliation and slander;…” reads the lawsuit.

The lawsuit claims Davis’ children, “watched tortuous and outrageous conduct by IMPD…vicious, sadistic conduct…”

The lawsuit also describes the lack of medical care as, “outrageous racial conduct,” as IMPD warned, “they would shoot anyone that came near Major Davis.”

Davis’ children suffered, “shock, extreme emotional distress and humiliation,” as a result of the shooting, according to the filing.

The lawsuit does not address how Renn was fatally wounded.

Davis faces the death penalty if convicted.