The family of the man who was fatally shot by an NYPD sergeant in the Bronx last week is now suing the police department.

Relatives of Allan Feliz say they want an investigation into the situation, claiming that aspects of the story told by police don't add up.

As News 12 has reported, Feliz was shot and killed by police during a traffic stop in Norwood last week. Police say he wasn't wearing a seat belt, had three open warrants and resisted arrest.

The family is acknowledging his criminal background. They say even though Feliz was a convicted felon, they believe deadly force should not have been used.

Relatives say they have been in touch with the passenger in the vehicle, and that he says they were both wearing seat belts.

They also say that Feliz used the ID of his brother Samy, who has a clean record, so they want to know how authorities learned of his warrants.

The family is filing a notice of claim for wrongful death against the city of New York and the NYPD. They're also filing an order to show cause to prevent spoliation of evidence to make sure the NYPD doesn't destroy, alter, tamper or lose any evidence from the crime scene.

"Put the body cams on the table, put the police officer’s weapon on the table, put the Taser on the table, put the drugs on the table, put the warrant on the table," says Robert Vilensky, the family's lawyer. "Put them all out there for everyone to see. Make it as transparent as you can. If that's true, the family will live with it."

Samy Feliz says the family has been left distraught by his brother, who was the father of a 5-month-old baby.

"When you see your brother being gutted out and bleeding out in the middle of the streets with no help whatsoever... just a feeble attempt to resurrect him after he's already gone and has no further pulse. It's heartbreaking and we don't want any other family to go through this," says Samy Feliz.

In a statement, the police department said, "The NYPD's Force Investigation Division conducts comprehensive investigations in every incident where police officers discharge their service weapon and this process is active and ongoing. We will review the lawsuit when we are served."

The state attorney general will investigate the case because Feliz was unarmed at the time of the shooting.