The lawsuit, filed Wednesday on behalf of Marquez’s mother, Delia McElfresh, in Los Angeles Superior Court, alleges that officers who responded to a welfare check acted in a “negligent and reckless” manner.
Terri Highsmith, a city attorney for the city of South Pasadena, did not immediately respond to CNN’s request for comment.
At the time, officials told CNN that they were called to Márquez’s residence and found that he had seizures and appeared to be suffering from mental problems.
The lawsuit disputes that claim.
Police also previously said that after trying to offer medical help to Marquez, he armed himself with what appeared to be a pistol and the police opened fire. The weapon turned out to be a BB pistol, investigators said at the time.
Vicki Sarmiento, one of the lawyers working on the case on behalf of McElfresh, said in a statement: “This is exactly the type of lethal and unnecessary police action that has led many in the country to call for police reform.”
Márquez’s other credits include “Stand and Deliver” and “Seinfeld” from 1988.
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