Lawyers representing a man shot by police at a Brooklyn subway station last month filed a claim Thursday against the city, saying they plan to seek $80 million in damages.

Gregory Delpeche, 49, was one of four people shot after officers opened fire at the Sutter Avenue L train station in Brownsville on Sept. 15, according to the notice of claim, which is the first step in filing a lawsuit against the city.

According to Delpeche's family, he remains in critical condition in the hospital. 


What You Need To Know

  • Gregory Delpeche, 49, was one of four people shot after officers opened fire at the Sutter Avenue L train station in Brownsville on Sept. 15

  • Mayor Eric Adams has defended the conduct of the officers, saying he has seen the video footage of the incident

  • Lawyers representing the family filed a claim Thursday against the city, saying they plan to seek $80 million in damages

“There is no amount of money that can make up for the harm that Gregory has suffered. We can only hope to make his life more manageable by providing him with enough resources to take care of all of his medical needs,” Manhattan-based attorney Nicholas Liakas, who is representing the victim, said in a statement.

He said the NYPD "caused irreparable damage to this innocent bystander and to avoid further tragedy, major policy changes must be considered, including eliminating the use of highly ineffective tasers on civilians.”

City Hall did not immediately respond to request for comment.

The incident began around 3 p.m. on that Sunday, when officers observed 37-year-old Derell Mickles entering the station without paying the fare.

Body camera footage shows Mickles on the subway platform holding a knife while waiting for a train. He can be heard shouting, “Don’t touch me,” “Leave me alone” and “Don’t make me kill you.”

The situation escalated after he entered a train car with the knife in hand and officers followed him, urging him to drop the weapon. When he did not comply, officers used tasers, which failed to subdue him. The officers then fired multiple rounds, striking Mickles in the abdomen area.

Delpeche was one of two civilians hit by police gunfire during the incident. A 26-year-old woman was grazed, while Delpeche suffered a gunshot wound to the head. One officer involved was also struck under his left armpit.

Mayor Eric Adams has defended the conduct of the officers, saying he has seen the video footage of the incident. He also said Mickles has more than 20 prior run-ins with law enforcement.

Mickles, of Brownsville, has been charged with attempted assault, menacing and criminal possession of a weapon. He has pleaded not guilty to the charges.

The officer who was shot, the 26-year-old woman and Mickles have all been released from the hospital and are expected to make full recoveries, officials said.