James Weyant says that he was shot by a police officer who thought the black boxer shorts that he was carrying were a gun.
In his lawsuit against the Blair County, Pennsylvania police department, Weyant says he decided to walk to an ex-girlfriend's house, but a dog began barking, so he started walking home, noted the Associated Press.
Weyant admits to taking off his tight black "Guitar Hero" boxer shorts while walking home through an alley, but says his large hoodie and T-shirt kept his genitals covered.
Weyant claims Officer Mark Sprouse drove up, jumped out of his police car with his gun drawn and started shooting at about 4 a.m. on April 8. Weyant was wounded in the right armpit and shoulder.
However, Officer Spouse counters that Weyant acted erratically and didn't respond to a command to drop his "weapon," even though he didn't have a weapon to drop.
"He wasn't menacing anybody, or drugged up or drunk, or threatening anybody. Jim did not even know it was a police cruiser until it screeched to a halt next to him," said Weyant's attorney, Douglas Stoehr.