ORLANDO, Fla. -- A teenager filed an "intent to sue" the Orlando Police Department because he says a cop shot him from behind after a traffic stop. Police said they opened fire, because 17-year-old Dorall Marshall had a gun.

However, Eyewitness News could not find any documentation on a weapon and the teen said he wasn't trying to do anything but run away.

Dorall Marshall may never regain the full use of his left leg. In May, the Orlando police officer shot him from behind and shattered his hip and femur.

"I think it was unnecessary I wasn't trying to harm a police officer, I was trying to flee the scene," Marshall said.

Marshall was in a passenger's seat in a car when his friend blew through a stop sign near the Metroplace apartments on Kirkman Road. An Orlando police officer followed the car to Hope Circle Drive.

The driver crashed into a pole and then Marshall jumped out of the car and ran to the fence. He claims the officer shot him.

In May, an Orlando police spokesman said the officer shot Marshall because he had a gun.

"When people are running they got guns and they use them or display them in a threatening manner, we are going to have to take action," Barb Jones of the Orlando Police Department said.

However, the police report only charged Marshall with resisting arrest without violence. The state dropped the charge. There was no mention of Marshall pulling out a gun and the officer never mentioned in the report that he shot the teen.

The FDLE investigated the shooting and turned the case over to the state attorney. Marshall was on probation for burglary and battery when he was shot.