Riley’s account of the shooting differs from the findings of the Middlesex district attorney’s office, which concluded in July 2015 that Riley brandished a pellet gun at Officer Michael Foley following a chase in Arlington . The investigation cleared Foley of criminal wrongdoing and found his use of lethal force was justified as self-defense.

James Riley, 39, asserts in his complaint that he surrendered to police unarmed and had no idea that his front-seat passenger had just robbed Leader Bank on Massachusetts Avenue when he was stopped by an Arlington officer on Jan. 17, 2014 . He said he suffered two gunshot wounds and has permanent injuries.

A Quincy man awaiting trial on charges that he drove the getaway car involved in a 2014 bank robbery in Arlington has filed a $750,000 lawsuit against the town and some of its police officials, contending he was wrongfully shot after the alleged heist.

Riley’s allegations also contradict the story his codefendant, Shawn Bambushew, gave investigators, according to a 2015 statement from Middlesex District Attorney Marian T. Ryan.


Bambushew, 28, of Everett, said Riley told him that he was “not going back for life,” grabbed a gun from the backseat, and then exited the vehicle to confront police, the statement said.

“Jimmy (Riley) wanted to die,” authorities quoted Bambushew as saying. Bambushew pleaded guilty in January 2016 to two counts of unarmed robbery and resisting arrest and was sentenced to up to three years and a day in prison, court records show.

Riley filed his civil suit last week in Middlesex Superior Court in Woburn, naming Foley, Arlington Police Chief Frederick Ryan, and the town as defendants.

The complaint includes allegations that police violated Riley’s due process rights, subjected him to a malicious prosecution, and committed assault and battery with a dangerous weapon against him.


He is currently jailed pending a March 1 trial on charges of unarmed robbery and assault with a dangerous weapon that were brought after the incident, court records show. Riley has pleaded not guilty.

Speaking on behalf of himself and Foley, Ryan said Tuesday: “We don’t comment on ongoing litigation, but we’re confident that this matter will be resolved favorably for the Arlington Police Department.”

Town Manager Adam W. Chapdelaine issued a similar statement on the town’s behalf.

Riley’s lawyer, Jason Benzaken, didn’t respond to messages Tuesday.

The DA’s office found Foley fired 11 rounds from his service weapon, striking Riley below the right scapula and in the lower, left leg.

Foley had begun pursuing a Jeep Patriot that Riley was driving after Bambushew entered Leader Bank dressed in black sunglasses, a hooded sweatshirt, and leather gloves and demanded money, prosecutors said.

One teller estimated giving Bambushew less than $150 and another teller gave him some $10 bills, the DA’s office said. Bambushew fled in Riley’s vehicle, according to prosecutors.

Foley heard an alert for the bank robbery and getaway car description and began pursuing Riley’s vehicle. He pulled the SUV over on Homestead Road, but Riley drove off and led Foley on a chase to Brooks Avenue, prosecutors said.

At the intersection, Riley “immediately got out of the car and turned towards, Foley, producing a handgun from his waist area,” DA Ryan’s statement said.

Foley ordered Riley to drop the gun, but he continued to raise the weapon at the officer, the statement said. Foley opened fire, striking Riley, who was then handcuffed and taken to Massachusetts General Hospital, prosecutors said.


Investigators later determined Riley’s weapon was a pellet gun, though Ryan said it looked like a firearm to Foley.

Riley’s complaint said Foley falsely accused him of pointing a BB gun at him, saying he got out of the vehicle unarmed and with his arms raised. The BB gun found in Riley’s vehicle didn’t have his fingerprints or DNA, the lawsuit said.

Laura Crimaldi can be reached at laura.crimaldi@globe.com. Follow her on Twitter @lauracrimaldi.