“We want an end to this, we want to grieve. Our patience has been exhausted and our trust failed.” Mr Anwar listed six allegations in the civil action including a claim that the manner of restraint used by the officers was “not reasonable, proportionate or necessary and resulted in Sheku suffering positional asphyxiation”. He said the civil action would be paused if any charges were brought over the death.Mr Anwar said: “Sheku’s family have always said if he broke the law then arrest him, but any use of force had to be lawful, proportionate and necessary in the circumstances, but he did not deserve to die.”Last Friday a summons was served on the present chief constable for the actions of officers three years ago under the leadership of then chief constable Stephen House. The action for damages in the Court of Session is for £1.85 million in the name of his family.”He also called for the resignation of the Pirc commissioner Kate Frame, saying the watchdog had failed “to adhere to its values of integrity, impartiality and respect”. Collette Bell, Mr Bayoh’s partner, with solicitor Aamer AnwarCredit:PA “The family believe it would be very different if it had been members of the public involved. If it had been nine door stewards that had restrained a member of the public, used weapons and that individual dropped down dead, I suspect the Crown Office would not have taken three years to decide if it would end up in a court of law or not.”The Crown Office said it had been a “complex and challenging investigation”, and no timescale could be put in place for a ruling on potential charges.A spokesman said: “This has been a complex and challenging investigation and while there is still some further work to do, considerable progress has been made in the last few months.”It is not appropriate at this stage to commit to any timescales given the nature of the investigation, however it’s anticipated a full report will be submitted for the consideration of Crown Counsel, the most senior lawyers in the Crown Office, in due course.”A spokesman for the Pirc said that at all stages the commissioner had acted under the direction of the Lord Advocate, who has ultimate responsibility for the investigation of deaths in Scotland.He added: “The Pirc conducted an extensive and detailed investigation into Mr Bayoh’s death. More than 500 statements were obtained by Pirc investigators who also gathered evidence from a wide range of experts, including those suggested by the Bayoh family and their legal representatives to give a greater understanding of events leading to Mr Bayoh’s death. Collette Bell and Kadi Johnson arriving at a press conference with Aamer AnwarCredit:PA He added: “I wish to state on behalf of Sheku’s family that the investigation into the death of Sheku Bayoh was a national disgrace.”The passage of time means that memories fade and evidence disappears or deteriorates.”The family had hoped that by now the Lord Advocate would have made a decision whether he is going to criminally prosecute the police officers concerned or Police Scotland. Three years on and he still hasn’t made his mind up. Want the best of The Telegraph direct to your email and WhatsApp? Sign up to our free twice-daily Front Page newsletter and new audio briefings. “The commissioner submitted a report to the Lord Advocate in August 2015. A further report containing evidence gathered from a number of expert witnesses was submitted in August 2016 and the Pirc has undertaken any additional enquiry requested by the Crown.” An investigation into the death of a man in police custody has been described as a “national disgrace” as his family launched a £1.8 million civil case against Police Scotland.Sheku Bayoh, 31, died after being restrained by officers responding to a call in Kirkcaldy in May, 2015.On the eve of the third anniversary of the incident, the family’s lawyer Aamer Anwar said Police Scotland, the Crown Office and the Police Investigations and Review Commissioner (Pirc) had left the grieving family with no answers.Mr Bayoh’s relatives, including his partner Collette Bell and his sister Kadi Johnson, are suing Scotland’s most senior police officer in the first legal case of its kind, claiming the death could have been avoided.Ms Bell said: “We will fight to make sure Shek gets the justice he deserves. I ask you, how long would you fight if your loved one was unlawfully killed? What would you want in place to ensure your loved one had justice? You would continue to fight and campaign.”Mr Bayoh’s sister added: “We have kept an open mind and kept faith in the justice system, but waiting for three years with no answers has been soul destroying.