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Deputies thought it was a gun, but it was actually a prosthetic leg.
Now, a Bourbon County man is suing the sheriff and the deputies who ended up shooting him in September.
There are seven counts in the lawsuit. Robert Brewer says his civil and constitutional rights were violated less than a year ago on a neighbor's farm.
The lawsuit seeks punitive and compensatory damages from Bourbon County Sheriff Mark Matthews and two of his deputies, Ed Rogers and Guy Turner, who responded that night to a farm near Brewer's home.
Brewer states in the lawsuit he was going through a stressful domestic situation, and found a large tree to rest under on the farm.
The lawsuit says Brewer removed his prosthetic leg and placed it on the ground on the opposite side of the tree from where he was sitting.
Police say Brewer was drunk and neighbors called the Sheriff's Department to investigate.
Two deputies responded to the farm and found Brewer sitting under the tree. The lawsuit states the deputies yelled, "get out from under the tree and drop your weapon."
The lawsuit says Brewer told them he didn't have a weapon and claims at that point, one or both of the deputies opened fire on him. He was shot twice.
The suit goes on to say at some point before the paramedics arrived, Turner recognized the plaintiff and exclaimed, "Oh my God, can't believe we shot Robbie Brewer!"
Sheriff Matthews says he hasn't had a chance to read the lawsuit and therefore has no comment at this time.
Brewer lost his leg in a car accident 17 years ago.