Finch, who was 28 years old and had two young children, was s
hot 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."