The family alleges in the suit that the officers arrested Foster and began searching their home without a warrant, then applied for a warrant, with Wilson writing in a sworn statement that he had observed Foster carrying a black bag containing suspected drugs.
The lawsuit says home surveillance video does not show Foster carrying anything.
"The video presented [at trial] misses very critical portions of what Detective Wilson's observations would have been on the date in question," said Owens, who is not representing Wilson in the civil case. "The video was a red herring."
The attorney representing the Fosters, Robert L. Smith Jr., could not be reached for comment Wednesday.
Wilson was disciplined by the department in 2003 when a federal judge said that an affidavit filed by Wilson seemed packed with "knowing lies" and threw out the case. Wilson testified that he had been honest.