The family of a teen killed by an off-duty Atlanta Police Department officer making a move towards filing a wrongful death lawsuit against the department.

D'Ettrick Griffin was shot and killed January 15th when authorities say he tried to slide into an unmarked police car at a gas station on Whitehall and McDaniel street.

His family is now taking the first step in filing a wrongful death lawsuit against the department. The family admits the high school senior, who wanted to be an airplane mechanic according to his mother, was committing a crime. But they say the crime did not warrant the off-duty officer shooting and killing the 18-year-old.

Family Attorney Jonathan Hibbert agrees: "For the stunt he pulled in January, January 15th he lost his life."

Hibbert tells WSB Radio, "We want justice, and we also want this family who has suffered a loss to be made whole."

The current filing is seeking five million dollars in damages from the department in connection to Griffin’s death.

Hibbert says the city and department have in total 60 days to respond to the filing before any lawsuit can go forward.

When reached for comment, an APD spokesperson said, "We typically do not comment on lawsuits."