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NEW ORLEANS -- A man shot by police last March in an early morning gun battle that left his brother dead and two officers seriously wounded filed a federal civil rights lawsuit Tuesday against the city and the NOPD.

Earl Sipp III alleges that former Officer Jason Giroir engaged in racial profiling when he stopped the two brothers as they drove to the jobs at Burger King.

Sipp, who was shot in the thigh, is asking for unspecified damages.

Giroir resigned from the NOPD after coming under fire for offensive comments he posted on about slain teenager Trayvon Martin.

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