SEATTLE (AP) — The father of a child who was hit with pepper spray during the 2020 Black Lives Matter protests in Seattle has filed a federal civil rights lawsuit alleging assault and negligence by police officers. Their use of force sparked national outrage after video and photos showed medics and other protesters pouring water and milk on the screaming child’s face to relieve his suffering.

An investigation by the Office of Police Accountability determined the boy’s injuries were “inadvertent” and not excessive force or a violation of policy. It says the officer was trying to spray another protester and struck the child instead.

The lawsuit filed by the boy’s father, Armand Avery, alleges the child was in agony and was treated at a hospital for chemical burns.