NORTH MIAMI, FLA. (WSVN) - A behavioral therapist is filing a lawsuit against a North Miami police officer after he was shot in the leg.

Charles Kinsey was shot by North Miami officer Jonathan Aledda on July 18 after police responded to 911 call regarding a man with a gun.

The man with the gun turned out to be Kinsey’s patient with autism, who was holding a toy truck.

Kinsey was on the ground with his hands up attempting to explain the situation when he was shot. Aledda is accused of wrongfully arresting Kinsey and using excessive force.

The lawsuit said officers responding to the scene grabbed their rifles and approached in “military style formation.”

Aledda is currently on administrative leave, and a commander was also suspended by the department.

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