EAGLE POINT, Ore. (AP) — The parents of a man with schizophrenia who was shot and killed by police in a Carl's Jr. bathroom have filed a wrongful death lawsuit against the city of Eagle Point, its police department and the officer.

Oregon Public Radio reports the man was shot after officers say they thought the man had a gun. Officers later realized the man was not armed and what they mistook for a gun was the officer's fallen Taser.

Officer Daniel Cardenas fatally shot Matthew Thayer Graves Sept. 19. Cardenas attempted to stop Graves for disobeying a crosswalk light. Graves eventually lead Cardenas into the restaurant bathroom.

Michael and Vikki Graves filed the lawsuit days after the Jackson County District Attorney's Office released transcripts from an October grand jury proceeding that resulted in no charges for Cardenas.

The Eagle Point Police Department didn't respond for comment.