The Sacramento City Attorney's office says City Manager John Shirey has the authority to order the police department to release the video that shows Joseph Mann being shot and killed on Del Paso Boulevard.
But, the Sacramento City Council has decided "not" to view police department video of officers shooting and killing the mentally-ill man last month.
The Mann family has sued the city. The council discussed the lawsuit during a closed-door session Tuesday night.
According to City Attorney James Sanchez, the council has received confidential information regarding the incident, but will delay viewing the video until the civil investigation has been completed.
Mann was acting erratically and waving a knife the morning of July 11. A police department spokesman said at least one officer told investigators that Mann had turned toward the officers with the knife raised.
A witness' cell phone video shows Mann standing, facing the officers for about two seconds before he was shot 16 times.
The Sacramento District Attorney's Office has received some of investigative materials related to the criminal investigation of the shooting.
District Attorney Anne Marie Schubert will review the case and decide whether the shooting was justified and if charges will be filed against the officers.