The family of a man who was accidentally shot and killed by West Hollywood sheriff’s deputies has filed a lawsuit in federal court alleging negligence and a violation of the deceased victim’s civil rights. John Winkler was shot on April 7 after being mistaken for an armed suspect.

Sim Osborn, a Seattle-based attorney representing the Winkler family, said a $25 million claim had been filed earlier against the Los Angeles County Sheriff’s Department — a precursor to a lawsuit. The department did not respond to the claim, and Osborn subsequently filed the lawsuit on Dec. 9 in Los Angeles federal court.

The lawsuit does not specify damages being sought — which is standard for a civil suit — and instead requests that a jury decide the case and award damages in accordance with its decision.

Winkler was shot and killed by deputies who were responding to 911 calls about an armed suspect at an apartment building on Palm Avenue.

The suspect — later identified as 28-year-old Alexander McDonald — lived in an apartment at the building at 939 Palm Ave. and had allegedly been acting erratically. McDonald allegedly entered the apartment of a female neighbor and had taken a large kitchen knife. He then returned to his apartment and allegedly threatened his roommate and two other men, one of whom was Winkler.

The suspect allegedly stabbed one of the men in the neck, and the victim ran out the front door, bleeding profusely followed closely by Winkler. Deputies had gathered in front of the apartment before entering and saw the bleeding victim and a second man close behind. They believed the second man was the attacker, and shot Winkler, who later died. The other victim was also struck once in the leg by the gunfire.

Osborn alleged that Winkler did not resemble McDonald, and that deputies should have realized he was not the suspect. McDonald was taken into custody after the shooting and is currently in custody facing multiple felony charges.

Osborn also alleged that a neighbor had given deputies a description on McDonald and had shown them a photograph of the suspect prior to the shooting.

“It’s inexplicable,” Osborn added. “Despite receiving a photo of the alleged assailant only moments prior, deputies inconceivably opened fire on two men escaping the scene who looked nothing like McDonald.”

The lawsuit names as defendants the Los Angeles County Sheriff’s Department, West Hollywood deputies Michael Fairbank, Byron Holloway and Gerardo Baldivia, and 50 unnamed deputies.

Representatives from the sheriff’s department called the incident a tragic accident, and although the incident is still being investigated, the department has acknowledged that the deputies were mistaken in shooting Winkler and the other man. Sheriff’s department spokeswoman Nicole Nishida issued a statement regarding the lawsuit being filed.

“Obviously the department recognizes that this was a tragic and unfortunate incident and we hope we can resolve it so the family can move forward,” Nishida said.

“This comes down to a case of excessive force from the LASD, a case that resulted in the most appalling situation imaginable,” Osborn said. “We believe this suit will help bring restitution to John’s family as they reel from this tragic loss, and will effect change to prevent future instances of excessive force.”

Winkler, 30, was originally from the Seattle area and had moved to Los Angeles to pursue a career in the entertainment industry. He was working as a production assistant on the show “Tosh.0” at the time of his death. Osborn said Winkler’s family has been devastated by the death.

“With the holidays coming up, I am sure you can imagine how horrible it is,” Osborn said. “To go through the first holidays without their son, who was shot by those who are supposed to protect you — it’s horrible.”

Osborn also provided a statement from the victim’s mother, Lisa Ostergren.

“My son was helping a wounded friend escape a dangerous situation, but the greater threat was just outside the door in [an] LASD uniform,” the statement read. “This can’t continue. Law enforcement must change the way they approach hostage situations so tragedies like this don’t happen again. We are heartbroken, but determined that John’s story will shed light to stop unnecessary violence.”

Osborn said in addition to seeking unspecified damages, the family hopes the sheriff’s department will change procedures. He added that an additional lawsuit may be filed by the other victim who was shot. There is currently no timeline for a hearing in the Winkler lawsuit.

“They shot two unarmed men,” Osborn added. “Our hope is that they look at this and change the way they do things.”