Man shot in Target parking lot suing Orlando police

A man shot during a controversial police shooting told WFTV on Monday that he's planning to file a federal lawsuit against the Orlando Police Department.

The shooting was caught on surveillance video in 2010 outside a Target store on East Colonial Drive.

The man claims he's still suffering from his injuries. He was behind the wheel of a minivan in the parking lot.

Orlando police said his foot was on the gas pedal and tried to run them down. They fired 9 shots, and four hit Rogelio Cortes, according to police.

Cortes was arrested him for theft and attempted murder of an officer. The charges were dropped, but now Cortes said he has kidney trouble and limited use of his left hand.

His attorney said they're filing a federal lawsuit because there's no limit on how much they can get from the city.

"What happened in this case is unacceptable," Cortes' attorney David Paul said.

Paul said the 11 undercover officers should have never gone after Cortes in the busy Target parking lot.

The unit normally investigates violent crimes, but that day Sgt. Rhonda Huckleberry ordered the take-down because she suspected Cortes had stolen her husband's credit cards.

An internal investigation never questioned Huckleberry's decision, and Chief Paul Rooney said the officers had a right to shoot because it appeared Cortes was trying to get away.

But the video clearly shows he was being pushed by an officer in a blue pickup truck.

"We're not trying to say these are bad people, or even bad officers. What we are trying to say is they made bad choices," Paul said.

The city has 26 similar lawsuits pending, but we found that in the last last three years, OPD has settled 12 cases totaling just under $200,000.

Legal experts said jurors are generally sympathetic to law enforcement. Paul said he isn't worried about winning millions. For him, it's about principal.

"There needs to be accountability," Paul said.

Orlando police are now prohibited from investigating crimes involving family.

The officer who ordered the take down was reassigned. Orlando police would not comment for our story.