Note: The video below contains graphic and explicit language. In addition some viewers may find the recording of the shooting itself to be disturbing. Viewer discretion is advised.

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OAKLAND (KRON) – A lawsuit filed Tuesday against BART in connection with the shooting death of a man at the hands of a BART police officer early New Years Day alleges that officers violated his civil rights, illegally detained him and used excessive force.

The suit was filed by attorney John Burris on behalf of Wanda Johnson, Grant’s mother, and Sophia Mesa, the mother of Grant’s 4-year-old daughter.

Burris is releasing new video of the incident. He says the two clips were taken by an anonymous person standing on a BART train stopped at the Fruitvale station.

The video shows two BART Police Officers restraining Oscar Grant.  One of the officers appears to stand, pull his service revolver. The sound on the tape captures the sound of the gunshot.  The officers then roll Grant over and summon medical attention.  

Police had been called to the station in response to reports of fighting on board a BART train.  Immediately after the shooting, the suspect closest to Grant stands and holds his arms out apparently asking what just happened.

BART officials haven't commented on this new video but are witholding judgment on the incident itself.

"We owe it to that family, we owe it to the public, we owe it to that officer to do a complete and thorough investigation," BART spokesman Linton Johnson said.  "That's what we're committed to do.  So if we start commenting on the details of that investigation, what we're doing is compromising the investigation."

If BART rejects the claim, Burris says he will file a lawsuit after 45 days. The Alameda County District Attorney's office is conducting a separate investigation to determine if the officer committed a crime in the shooting.

Note: The video above contains graphic and explicit language.  In addition some viewers may find the recording of the shooting itself to be offensive.  Viewer discretion is advised.

(Copyright 2009, KRON 4, All rights reserved.)