ORCHARD PARK, N.Y. (WIVB) -- The family of James Cushman, a man shot and killed by Orchard Park Police, is now suing the department and the town. The lawsuit claims officers used excessive force during a mental health call which led to Cushman's death.

The 57-page court filing obtained by WIVB News 4 outlines what allegedly happened the night of Aug. 30, 2024, when Cushman was shot and killed.

The civil lawsuit also sheds light on Cushman's long history of mental health and raises questions on how the situation was handled.

According to court documents, Cushman's mental health history dates back to May 2015 when Orchard Park Police brought him to ECMC for making "suicidal statements to his sister about wanting to harm himself and others".

Then, in October 2023, an ambulance brought Cus

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