Named as defendants were former Chief Lee Donohue, current Chief Boisse Correa, the city and five other officers involved in the March 4, 2003, arrest of fugitive Shane Mark. The officers are Lt. Bill Kato, who headed the HPD Career Criminal Unit, Officer Calvin Sung, and Detectives Bruce Swann, Kenneth Higa and Shannon Kawakami.

Mark, who is serving a life sentence without the possibility of parole for the shooting of Gaspar, also is named as a defendant.

Capt. Frank Fujii, HPD spokes-man, said yesterday that the department had not seen the lawsuit and declined comment. The city's corporation counsel could not be reached for comment.

Kato headed the group of plainclothes officers who went to Kapolei to arrest Mark, who was wanted in connection with a shooting earlier that month in Moanalua. But as Gaspar and Sung approached Mark in the ice-cream store, Mark struggled and pulled a .22-caliber handgun and shot Gaspar twice before Mark was subdued by other officers.

Neither Gaspar nor the other officers were wearing a protective vest that day, a violation of HPD policy. An HPD review of the case resulted in disciplinary action being taken against four of the officers. Swann retired on Feb. 1, 2004.

Greig Gaspar, family spokesman, referred requests for comment yesterday to Sibilla but the attorney could not be reached for comment.

In the lawsuit, the family alleges that HPD failed to abide by its policy requiring that officers wear bulletproof vests while arresting a dangerous person. The department's actions were negligent and "tantamount to intentional misconduct," the lawsuit states.

The defendants also demonstrated a "careless and/or reckless disregard for the health, safety and welfare" of Glen Gaspar, according to the lawsuit.

"The superior officers in charge of the operation knowingly and intentionally did not require officers under their command to abide by known Honolulu Police Department procedures ... which resulted in death of Officer Gaspar," the petition alleges.

The allegations in the lawsuit are counter to comments made by Greig Gaspar soon after the officers were disciplined last year. At that time, Gaspar said he did not blame the officers for his brother's death.

"I heard some talk about how Glen and the others were not wearing protective vests that day," Gaspar said on Jan. 27, 2004. "It's unfortunate that blame is continuing in this tragedy. It's not going to bring Glen back."