An attorney for the family Michael Brown said Sunday the grand jury proceedings that ended without an indictment for the police officer who fatally shot his clients' unarmed son was flawed and left open the possibility the family could pursue a civil rights case.

“They have that option,” attorney Daryl Parks told "Fox News Sunday." But “this is not something being discussed publicly.”

Darren Wilson, a white police officer in the Ferguson (Mo.) Police Department, fatally shot Brown, a black teen, during an encounter in August. And a St. Louis County grand jury last week decided not to indict Wilson, who resigned Saturday amid concerns about his safety and continued street protests in Ferguson and elsewhere around the country.

Parks said both sides first need to be given an opportunity to work out their differences.

“But it could be settled with some form of litigation, if needed,” he said.

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Parks said his concern with the grand jury process is that it should have concluded with an indictment and suggested that Wilson presenting his defense should not have been part of the proceedings.

Parks said the Brown family has the option of filing a civil rights case against Wilson or the Ferguson Police Department.

Neil Bruntrager, an attorney for Wilson, suggested Sunday that winning such a case could be difficult, but that he would not object to such an effort.

“I think they will have a difficult row to hoe,” he told Fox News. “They certainly have that right to redress. I wouldn’t begrudge that to anybody.”