MINNEAPOLIS (WCCO) — The family of a University of Minnesota student found dead of hypothermia along the Missisippi River is claiming the first responders failed to do their job.

A passerby found 19-year-old Jake Anderson on a cold Sunday morning in December of 2013. It was one-below zero the night before Jake was found. When paramedics arrived, they pronounced him dead.

A wrongful death lawsuit against the Hennepin County Medical Examiner and the City of Minneapolis claims that medics did not follow proper protocol.

The Anderson family attorney released a statement saying in part, “Jake Anderson was still alive when he was found frozen but sadly, he was zipped up into a body bag rather than taken to the ER to be warmed.”

“He was without question still alive at six hours in the condition that he was in, had they taken him in, followed the protocol and warmed him up,” attorney Randy Hopper said. “Instead what they did is summarily pronounced him dead and immediately shoved him into a body bag.”

The Minneapolis City Attorney responded saying, “Jake Anderson’s death is tragic. However, first responders in the City of Minneapolis, including fire and police personnel, are not responsible for his death. We can only imagine the grief Mr. Anderson’s parents, family and friends are experiencing.”