The lawsuit says Jones was on medication for schizophrenia and that he had been stopped for no reason.
It was filed by the victim's brothers, Robert and Bruce Jones. It names the city and the police department as defendants, as well as 15 unidentified "John Doe'' defendants to be named later.
It claims the police department has hired officers with a known propensity for excessive force, violence and misconduct, and it alleges those officers were not adequately trained before the shooting or disciplined afterward.
The results of an investigation conducted by the West Virginia State Police have yet to be presented to a Berkeley County grand jury.
The lawsuit says the officers involved in the shooting were placed on paid administrative leave and contends that Miller treated the shooting as "business as usual.''
"The acceptance was designed to protect the officers and the MPD, rather than to bring the truth to light so that such tragedies can be avoided in the future,'' the lawsuit argues.