The unarmed man allegedly shot by an Immigration and Custom Enforcement officer two weeks ago in Gravesend is filing a federal lawsuit.

Erick Diaz Cruz, a 26-year-old man from Mexico, was in the country visiting his mother when he says ICE agents violated his civil rights. In addition to a full investigation into the incident that left Diaz Cruz with a bullet in his neck, he’s also going after the ICE agent who is responsible.

And though ICE agents claim Diaz Cruz attacked them, he tells a much different story of being shot in the face outside his mother’s home.

His lawyer, Katie Rosenfeld, says that Diaz Cruz was left with multiple extreme acute fractures to the bones, his face, his hands and sinus injuries. He also has bullet fragments in his heads and a large portion of it behind his ear. 

“He deserves to be compensated so that he can pay medical bills probably into the very unfortunate future,” Rosenfeld said.

And he is continuing to file this lawsuit as ICE agents continue to be spotted throughout his mother’s community.

Leaders in the community are saying that they will continue to stand in solidarity with the family and to “fight for what is right.”

Rosenfeld told News 12 that he is not only filing the lawsuit for him, but for the whole entire Latino community.

“He wants accountability,” Rosenfeld said. “He wants justice. He wants information and he want’s compensation.”

An ICE spokesperson told News 12 that ICE can not comment on the specifics of pending litigation and that the case is being investigated by the DHS Office of Inspector General. News 12 also reached out to that office for a comment on the lawsuit and has yet to receive a response.