The family of a suspected shoplifter who died after a CVS employee held him in a chokehold has filed a wrongful death suit against the pharmacy chain and the worker, identified as a store manager.

The suit claims Anthony Kyser, an unemployed barber, died when the manager kept him in a chokehold, despite his screams that he couldn’t breathe, according to the Chicago Sun-Times and the Chicago Tribune. The employee had chased Kyser out of the store and down an alley late Saturday morning after seeing him stuff tubes of toothpaste and crayons in his pocket. A Cook County sheriff’s officer on the scene called for help but did not intervene to stop the employee, according to witness reports.

The suit seeks more than $400,000, the Sun-Times says.

The medical examiner ruled that Kyser’s death was a homicide, but police said after the incident that the death was accidental and the employee won’t be charged. Late Thursday, however, police released a statement says it is pursuing an “active” investigation in the case, according to CBS2Chicago.com.