CLEVELAND, Ohio -- A Cleveland police sergeant who is criminally charged for his involvement in a Nov. 29, 2012 chase that ended in the deaths of two unarmed residents is suing the city, claiming he was unfairly passed over for a promotion to lieutenant.

Sgt. Randolph Daley, who joined the department in 1998, scored 10th highest of the 50 sergeants who took the civil service exam when the test was administered in July 2011, according to a civil rights lawsuit he filed Friday in federal court in Cleveland.

Those with higher scores were promoted between 2012 and 2013, the lawsuit states. However, in November 2013, Daley was passed over, and the sergeant with the next-lowest score from his was promoted to lieutenant. Others with lower scores were promoted the following month.

Ultimately, Daley was rendered ineligible for a promotion. He is claiming that the city, former Safety Director Marty Flask and former police Chief Mike McGrath violated his due process rights. He is asking for an unnamed amount of money in damages and back pay.

What the lawsuit does not mention is that between the time he took the test and when he was passed over for a promotion, he was involved in a 22-mile police chase in which officers fired 137 bullets and killed Timothy Russell and Malissa Williams.

Daley, 46, was one of six people that a Cuyahoga County grand jury indicted for their roles in the chase. He, along with four other supervisors, face misdemeanor dereliction-of-duty charges.

According to an investigation by the Ohio Attorney General's Office, none of the supervisors fired their guns that night, although they all arrived at some point in a parking lot in East Cleveland where the chase ended.

Daley and the other officers have pleaded not guilty. The case is on hold, as the defendants have objected to moving the case from Cuyahoga County Common Pleas Court to East Cleveland Municipal Court. A state appeals court has to decide whether a move is warranted.

Michael Polito, Randolph's attorney, did not immediately return a phone call Friday.

This is the second lawsuit filed by a Cleveland police sergeant complaining of being losing a promotion in the wake of the 2012 chase.

Another sergeant, Richard Martinez, filed suit in August. According to a report, Martinez "sat in the car 'reading a book' at the East Cleveland scene." He was suspended for 10 days in 2013.

Polito is also representing Martinez in his lawsuit.

The 2012 chase also resulted in criminal charges against Officer Michael Brelo, who fired 49 shots. Common Pleas Judge John O'Donnell in May found Brelo not guilty of felony charges, saying that the officer was justified because he had reason to fear for his life.

The city declined to comment on the lawsuit.