(NECN: Jennifer Eagan - North Andover, MA) - The family of a Massachusetts man who died after his arrest at a police sobriety checkpoint in North Andover is filing a wrongful death lawsuit Tuesday. Kenneth Howe's relatives say the 45-year old Worcester man was murdered. But police say their use of force was justified. Kenneth Howe died after police arrested him in North Andover the day before Thanksgiving. Last week, his death was officially ruled a "homicide," but no criminal charges have been filed yet. Police say Howe assaulted an officer before his arrest. But a lawyer for the family says that's not true. The family alleges in a wrongful death suit that State Police, North Andover Police, and Essex County Sheriff's department violated Howe's civil rights. NECN reporter Jennifer Eagan is in North Andover, Massachusetts with the latest.