cop who shot a man in tucson and then claimed she thought his call phone was a gun has been sued. Original Article Feb 1, 3:09 AM EST Man shot by Tucson police officer files lawsuit TUCSON, Ariz. (AP) -- A man shot by a Tucson policewoman last year has sued the officer, the city and its Police Department. The lawsuit filed Friday in Pima County Superior Court contends Officer Maria Cabrera "acted negligently and below the standards of a reasonable police officer" when she shot Eric Becerra on Jan. 30, 2005. It alleges the Police Department was negligent in hiring, training, supervising and disciplining Cabrera. According to police, Cabrera shot Becerra when he pointed a gun at her after she walked up to a car she believed was connected to an aggravated-assault case. Becerra, through his attorneys Jeff Rogers and David Lipartito, claims that he was holding a pack of cigarettes in one hand and a cellular phone in the other when Cabrera ordered him to raise his hands. Becerra has had several surgeries since the incident and still has a bullet fragment in his spine, according to the lawsuit. Cabrera's attorney, Michael Storie, said her actions were deemed justified by the Police Department's Office of Internal Affairs.