More

A California man

by a

's deputy last year has filed a civil suit against the county and the deputies involved in the incident.

Cpl. Patrick Altiere shot 49-year-old Leonard Salanitro, of

, once in the abdomen Sept. 21 at the Aloha home where Salanitro was staying with his friends, Dale and Sue Anne Fortune.

Salanitro is seeking damages in amounts to be determined at trial, the complaint says.

knocked on the Fortunes' door after 10 p.m., following up on a report that Dale Fortune had kicked his neighbor's truck earlier in the evening.

The deputies forced entrance into the home and engaged in a physical fight with the couple, according to Salanitro's complaint filed Tuesday in

.

The disturbance woke Salanitro, who left his bedroom and entered the dining room, adjacent to the living room where he found deputies and the Fortunes. Altiere shot Salanitro without warning when he entered the dining room, the complaint alleges.

According to the complaint, Salanitro was in his underwear, had no weapon and was at least seven feet from the deputies when he was shot.

Salanitro is still recovering from his wound and hasn't been able to fully return to his work as a manual laborer, his attorney,

, said in a news release.

The sheriff's office released few details about the incident, but said that Dale Fortune and at least two others in the home were fighting deputies as the officers tried to arrest Fortune.

Salanitro attacked one of the deputies, the sheriff's office said, prompting Altiere to shoot him. Salanitro was not arrested and hasn't been charged with any crimes.

Dale Fortune, 63, was arrested on misdemeanor charges of second-degree criminal mischief, resisting arrest and attempted assault on a public safety officer. Sue Anne Fortune, 58, was arrested and charged with interfering with a peace officer and resisting arrest.

Salanitro was transported to

, where he had surgery and remained hospitalized for six days. He was handcuffed to his bed and a deputy guarded his room for most of his stay, according to his civil complaint.

said Wednesday that Altiere was justified in shooting Salanitro.

"Was it a reasonable thing? Yes, you bet," he said.

The sheriff's office didn't conduct an internal affairs investigation of the deputy's use of force, Gordon said. Internal investigations only occur when the office believes that wrongdoing may have occurred, he said. In this case, he said, there was no question.

"His actions were righteous, he did the right thing," Gordon said. "We support the actions he took that evening."

The sheriff's office will conduct a standard administrative review of the case to determine whether it should make any policy changes. That review hasn't been completed, he said, because the district attorney's office hasn't released the police reports.

Gordon said the district attorney will decide whether to charge Salanitro with a crime after the Fortunes' trials, scheduled for October and November.

The

has not said whether the shooting was justified, and

would not comment Wednesday.

Chief Deputy District Attorney Rob Bletko, who is reviewing the shooting and prosecuting the Fortunes, said he couldn't say whether the case had been presented to a grand jury.

When asked whether the deputy's use of force had been ruled justified, he said, "I'm not in a position to discuss the case."

Bletko said he couldn't answer whether Salanitro may face criminal charges.