The mother of a man killed by Houston Police is suing the city for wrongful death.

Patsy Pate is the mother of Blake Pate.  Blake was shot and killed by HPD Officer Curtis Hampton following a car crash on Christmas Day 2011.  Blake Pate was traveling to a family gathering for Christmas when he was involved in a minor traffic crash.

According to David Hodges who is Patsy Pate's attorney Officer Hampton engaged Blake Pate and shot him three times killing him.  Blake Pate was unarmed when he was gunned down.

Hodges says they have a strong case even though HPD Internal Affairs cleared Hampton in the shooting, "this is a case of a bad apple in the Houston Police Department."

Hodges says Officer Hampton has a history of bad behavior, "Sergeant Hampton has had two complaints filed against him of sexual assault, by fellow HPD officers."

The wrongful death lawsuit has been filed and so far no court dates have been scheduled.