A Salina man is planning to sue the Secret Service after he was shot by agents.

Benjamin Del Real Jr. is still recovering from being critically injured in a shooting back in May. He was visiting Washington, D.C. while on leave from active duty with the U.S. Army.

Del Real was walking to dinner on Pennsylvania Avenue when a suspect opened fire on Secret Service personnel near the White House. Agents returned fire, killing the suspect and injuring Del Real, who was a bystander.

Del Real is taking the next legal steps towards suing the Secret Service for negligence.

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Photo via US Secret Service