MADISON, Wis. -- An accused burglar who fell through the roof of a Janesville home and was shot is now suing the homeowner who shot him.

Kurt Prochaska was arrested last October and charged with burglary, WISC-TV reported.

The homeowner, Michael Rainiero, said he shot Prochaska after he refused to leave the house.

Prochaska's lawsuit claimed Rainiero used excessive force and that he intentionally shot him in the back, trying to sever his spinal cord.

The Rock County district attorney believed Rainiero acted in self-defense and never pursued charges against him.