The woman whose husband was killed by an Elgin police officer last August has filed a multi-million dollar lawsuit in federal court, alleging violation of her husband’s Fourth Amendment rights.

Gloria Shafer, as representative for the estate of Richard Lee Shafer, is seeking more than $10.5 million from the City of Elgin, former Elgin Police Chief Kevin Lynch and former Officer Erik Kilpatrick.

The suit seeks $500,000 in economic damages, $10 million in non-economic damages, and punitive damages in separate amounts against individual defendants to be determined at trial, plus attorney fees and costs.

Elgin City Administrator Terrie Richards could not be reached for comment Tuesday morning.

Shafer filed her suit March 7 in U.S. District Court. It makes one claim for relief under the Fourth Amendment’s Section 1983, and another under state law.

Kilpatrick shot Richard Shafer to death while responding to a report of a domestic disturbance at the Shafer home about 7:40 a.m. Aug. 1.

A Union County grand jury later ruled the shooting justified, citing evidence that a rifle held by Shafer showed bullet damage consistent with it being pointed toward the officer at the time of the shooting.

But shortly after the shooting, Gloria Shafer told The Observer that her husband’s hands were empty when he was killed.

In her court complaint, no mention is made of a rifle. The suit claims that Richard Shafer never raised his voice or threatened Kilpatrick and that “suddenly without warning” Kilpatrick used a Taser weapon on him and then shot him nine times.

The Fourth Amendment protects citizens from unreasonable search and seizure and contains provisions governing use of force.

In the complaint, claims are made that the City of Elgin, Lynch and Kilpatrick were indifferent to Richard Shafer’s rights, and that the use of force was unreasonable.

The suit alleges that Kilpatrick did not have “probable cause, reasonable suspicion or objective belief” that Shafer posed an immediate risk of death or injury.

It also claims that Lynch, as the chief, failed to issue commands and orders regarding the reasonable use of force; failed to provide adequate training; and failed to address citizens’ complaints that Kilpatrick had used unreasonable force in the past.

The suit also alleges that the City of Elgin failed or refusedto protect Shafer and other citizens from the unreasonable use of force and unconstitutional conduct by Kilpatrick.

According to the complaint, the city failed to provide training, discipline and timely and appropriate termination, and failed to implement an early warning system to prevent officers from using excessive force.

Lynch and Kilpatrick resigned in October, leaving the department with no officers.

The city is currently searching for a new chief. After a chief is hired, the city plans to fill two officer vacancies on the department.

As the hiring process continues, Union County Sheriff reserve officers are providing law enforcement services.

The Shafer estate is represented by Portland attorney Gary L. Susak and attorney

J. Robert Moon of Baker City.

Attempts to reach Susak and Moon were unsuccessful Tuesday morning.