The Johnson City Police Department is being named in a lawsuit filed by the family of a man who killed a Village Police officer three years ago, using the officer’s own gun.

The family of James Clark alleges misconduct in the shooting of Officer David W. Smith and the fatal shooting of Clark by another responding officer.

Attorney Ronald Benjamin, who is representing the family says proper steps were not taken to contain the mentally troubled man before events escalated and it is alleged that Clark was not given prompt and proper care after he was shot in a shootout with the other responding officer.

Officer DW Smith responded to a call on Harrison Street about an employee of a medical imaging business who was acting strangely.  As he was getting out of his patrol car, Clark grabbed Smith’s service revolver and fatally shot him before getting into a gun-battle with another officer.

Clark died while being treated at Wilson Hospital, less than a block away.

Friday, officers, family and friends of the fallen policeman gathered at the scene of the killing for a memorial marking the anniversary of Smith’s death.