A Black former FedEx driver has refiled a $5 million lawsuit against FedEx and the two White men criminally charged for shooting at him while making deliveries in Brookhaven, Miss., the Associated Press reports.

D’Monterrio Gibson’s attorney filed this second civil suit on Nov. 20 in state court. 

It alleges that Gibson experienced “depression, stress, anxiety, loss of sleep, and emotional pain and suffering,” but FedEx directed him to return to the same route where bullets struck his delivery van nearly two years ago. FedEx later fired Gibson.

“Our top priority is always the safety and well-being of our employees. FedEx denies the allegations and will vigorously defend the lawsuit,” FedEx told the AP after Gibson’s team filed the second lawsuit.

A federal judge dismissed Gibson’s previous $5 million lawsuit against FedEx, Brookhaven, the city’s police chief and the two men accused in the shooting, Brandon Case and his father Gregory Case. 

Separately, a state circuit court judge in August declared a mistrial in the attempted murder case against the father and son. The judge discovered a Brookhaven police officer failed to give a video of a police interview with Gibson to the prosecution and defense.

According to the prosecutor, Gibson was making FedEx deliveries on Jan. 24, 2022, in a van marked with the Hertz car rental company logo. Brandon Case used his truck to block Gibson’s van when he delivered a package to a house. 

Shots were fired when Gibson drove his vehicle around the pickup truck. Three rounds hit the van, but Gibson was not wounded, authorities said.

At the criminal trial, the defense said the Cases blocked Gibson’s van because they saw it in front of Gregory Case’s mother-in-law’s unoccupied house and went to investigate.

The new civil lawsuit states that Gibson returned to work the day after the shooting despite his trauma but told the company that he felt uncomfortable returning to the same route, The Mississippi Free Press reports. However, a supervisor instructed him to return to his route.

Two days after the shooting, Gibson requested medical leave for his anxiety, the lawsuit states. FedEx paid for eight therapy sessions and gave him two weeks off without pay. 

FedEx terminated Gibson days after the mistrial because he did not accept a part-time, non-courier job FedEx offered him, Gibson’s attorney said. 

“I honestly feel disrespected,” Gibson told the AP in August after FedEx emailed his termination notice.