CLEVELAND -- A civil lawsuit pitting Dillard's department store against the family of a suspected shoplifter who was beaten to death by a security guard got under way Tuesday in Cuyahoga Common Pleas Court, NewsChannel5 reported.

Guy Wills was beaten after an alleged shoplifting attempt at the Randall Park Mall Dillard's at the hands of Jameel Talley, who was working off-duty as a security guard. Talley was convicted on involuntary manslaughter. He was sentenced to 10 years in prison.

Talley had worked for the Maple Heights and North Randall Police Departments, and had an alleged history of violence on both jobs, WEWS reported.

Wills, who had a long history of drug abuse, was caught on video trying to steal a leather jacket, but his attorney said he didn't deserve to die. The lawsuit alleges Talley was not properly trained by Dillard’s.

The Wills family has hired Jeff Feiger, who is nationally known for representing Dr. Jack Kevorkian, who is also famous for his right-to-die case.

Dillard's attorney, who's name is unknown at this time, said the department store is not responsible because Talley was operating on his own.

"He would be alive if those doctors had done what they were supposed to do," Dillard’s attorney said.

Feiger said, "He fractured Guy's collarbone. He choked him so hard that he fractured the bony cartilage in the neck called the thyroid horn."

The coroner's official ruling said that Wills died from head injuries. He had internal bleeding and bruising, a fractured skull and a broken left collarbone