Feb. 26—GRAND FORKS — An undercover officer who is believed to be responsible for a man's death during an attempted arrest last month near East Grand Forks is being sued in federal court by the victim's father.

Rodney Paul Romuld, individually and as co-special administrator for the estate of his son,

Lucas Paul Gilberston

, filed a lawsuit against Aeisso Schrage on Feb. 9 — exactly one month after Schrage allegedly killed Gilbertson while attempting to arrest him at a Rhinehart Township residence.

The complaint alleges Gilbertson told Romuld he was frightened of Schrage, whom he'd known since they attended high school together in East Grand Forks.

Gilbertson said Schrage wanted him dead and that, "if this guy (Schrage) gets me alone, he's going to kill me," according to the complaint.

On Jan. 9, while Gilbertson was visiting his mother in Rhinehart Township, law enforcement surrounded the residence, planning to serve an arrest warrant on Gilbertson for alleged bond violations, the complaint said.

A third party had informed the Pine to Prairie Drug Task Force that Gilbertson was at the residence.

At one point, Gilberston broke a window before throwing a handgun outside into the snow, according to the complaint. Task force officers found the gun later. The complaint described the weapon as "unfired."

An undercover task force officer — the complaint identifies the officer as Schrage — entered the residence afterward, the complaint said. He tazed Gilbertson,

then shot him multiple times

, according to the complaint. The complaint states Gilbertson was unarmed at the time.

Gilbertson was transported by ambulance to Altru Hospital in Grand Forks, but died during surgery, the complaint said.

The complaint alleges Schrage used unreasonable force that was manifestly disproportionate to the situation.

As a result of the shooting, the complaint says, Gilbertson suffered fatal injuries that caused him to die at age 42; he was permanently deprived of the enjoyment of life; he experienced physical and mental pain, distress, fear and suffering.

Additionally, Gilbertson's father has been permanently deprived of his son's companionship; he has experienced mental pain, emotional distress and suffering, the complaint said.

Schrage is accused of violating Gilbertson's Fourth Amendment right to be free from unreasonable searches and seizures, Eighth Amendment right to be free from cruel and unusual punishment and the right to due process.

The complaint says Schrage had no legal justification to kill Gilbertson.

"Schrage had ample time to proceed in a deliberate fashion with careful consideration of the options, alternatives, the threat to safety, and severity of the alleged misconduct, yet Schrage acted in willful disregard for the safety of Lucas Paul Gilbertson," the complaint says.

The complaint refers to Schrage's use of force as "an abuse of official power that shocks the conscience."

A money judgment, monetary damages, attorney's fees and other costs are requested of Schrage. The complaint doesn't include any specific dollar amounts.

An answer from Schrage is due on March 6.

The Minnesota Bureau of Criminal Apprehension is conducting an investigation into the officer's use of force. As of Friday, Feb. 23, that investigation had not been completed.

The East Grand Forks Police Department did not immediately return a call for comment Monday afternoon. Romuld also could not be reached Monday, Feb. 26.