The family of a man who was fatally shot by police after they responded to a fake 911 "swatting" call is suing the city of Wichita, Kansas, and 10 police officers, calling the young man's death "unacceptable."

Andrew Finch's mother and sister filed the lawsuit Monday in the U.S. District Court of Kansas.

Finch, who was 28 years old and had two young children, was shot and killed by a Wichita police officer on Dec. 28. A team of officers had descended on Finch's home in response to a bogus 911 call made by a man in California who claimed there had been a shooting and kidnapping there.

The man who allegedly placed the call, Tyler Barris, 25, is not named in the lawsuit. He is facing criminal charges of involuntary manslaughter, giving a false alarm and interference with a law enforcement officer.

"The family wants that young man held criminally responsible, but let’s be very clear about what happened," Andrew Stroth, the family's attorney, told ABC News. "The swatter didn’t shoot the bullet that killed Andy Finch. Responsibility for that case resides in that officer that used his high-powered rifle to shoot and kill Andy."

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