The mother of a man shot and killed last year by a Newport News police officer filed a $15 million federal lawsuit alleging civil rights violations, attorneys for the mother announced today.

Newport News Police Officer Matthew Overton shot Robert Lamont Harper five times in the back on Feb. 18, 2007. As Harper lay bleeding on the ground, Overton reloaded his handgun and fired into Harper's head, according to suit, filed late Wednesday in U.S. District Court.

The suit names as defendants Overton, Police Chief James Fox and other unidentified officers on the scene who "had a duty to protect Harper from this abusive, deadly, lethal and unjustified use of excessive force but failed to act to prevent it," the suit says.

Police were called to Harper's house that day on a complaint from a bail bondsman who said Harper was resisting being taken to jail. Police at the time said Harper was holding his hand in his waistband and refused to obey officers' commands before Overton opened fire. Harper was not armed.

The Newport News commonwealth's attorney later cleared Overton of any criminal wrongdoing.

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