Lawyers for a bystander wounded in a shootout between the U.S. Secret Service ​and a man outside the White House in May said ‌they would file a personal injury lawsuit against the federal agency on Tuesday.

Benjamin Del Real, Jr., 25, of Kansas, was on leave from active U.S. Army ​duty on May 23 and walking with his sister and father ​when shots rang out in front of the White House, ⁠according to a statement from Clifford Law Offices. Del Real, who ​was shot in the abdomen, said the gunman never faced him but ​Secret Service agents fired many rounds in his direction across a busy intersection, the law firm said. Del Real underwent life-saving surgery at a local hospital, it ​said.

A gunman who fired at a White House checkpoint on that day was ​shot by officers and died after being taken to the hospital , the Secret Service ‌said ⁠at the time. The Secret Service statement said a bystander was struck by gunfire, but it did not make clear how badly the person was hurt or provide other details.

“Certainly it is the job of ​Secret Service agents to ​protect the ⁠president and other dignitaries, but that duty must be carried out with reasonable regard for the safety of ​innocent members of the public,” lawyer Joseph Murphy said in ​the statement. “Ben ⁠and his family had every right to be there. They had no body armor, no protection, and no warning before Ben was struck by ⁠gunfire.”

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