NEWPORT NEWS, Va. (WAVY) – The fatal 2019 shooting of a man in his home that resulted in a manslaughter conviction for a police sergeant is now at the center of a $13.5 million lawsuit.

The estate of Henry “Hank” Berry, III is suing Albin Pearson and Dwight Pitterson. Pearson resigned as police sergeant after he was convicted in September of manslaughter in Berry’s death. Pitterson was acquitted in the criminal case and remains an officer with Newport News Police.

Pearson and Pitterson were among four officers who responded to Berry’s home on Nantucket Place in late December, 2019. Berry had called 911 multiple times, thinking that his son was in danger.

Police had no arrest or search warrant, but Pearson forced his way into Berry’s townhome. A struggle developed among Berry and the officers, Pitterson fired his taser, and then Berry got control of it. Pearson shot Berry in the back and he died moments later.

The lawsuit alleges Pearson had no legal basis to enter Berry’s home or arrest him, and that Pitterson had been advised by the mother of Berry’s son that Berry was “in the throes of a mental health crisis, was delusional, and truly believed that his son had been physically abused and was in danger.”

The complaint also says Pitterson had no legal justification or cause when he tased Berry.

Pearson’s attorney had no comment Wednesday on the lawsuit. Pitterson was acquitted and reinstated with the department. His attorney was unavailable for comment.

Pearson had a different attorney, Tim Clancy, for his criminal case. Clancy said he would appeal the active sentence for Pearson of five years on the manslaughter and one year on a felony gun charge.

Berry’s estate is suing for $13 million in compensatory damages, and $350,000 in punitive damages, on claims on wrongful death, battery, and gross negligence. A court date for the lawsuit has yet to be set.