John Hernandez's wife is asking for more than $1 million in damages in the lawsuit.
Last Friday, the couple bonded out of jail after a grand jury indicted them for the murder of John Hernandez. The couple could face five years to life if convicted.
Hernandez, 24, was in a coma after an altercation with Terry Thompson on May 28 outside of Denny's.
PHOTOS: Thompsons arrive at Harris County jail after indictment
Investigators said Hernandez was urinating outside the restaurant and that Terry had yelled at him to stop. A physical altercation ensued, and Harris County Deputy Chauna Thompson, Terry's wife, met him at the Denny's.
Video released showed Terry on top of Hernandez with his arm around Hernandez's throat. Witnesses said Chauna was also trying to restrain Hernandez, putting her knee down on his arm.
RAW VIDEO: Harris County DA Kim Ogg and Harris County Sheriff Ed Gonzalez
Plaintiffs listed in the lawsuit are John's parents, his wife and 3-year-old daughter.
According to a press release, the lawsuit will reveal new facts not previously released to the public.
Meanwhile, Terry and Chauna are expected to make a court appearance this morning to hear their bond conditions.
Stay with Eyewitness News throughout the morning for updates on this case.
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