McCabe's prosthetic left leg had been held since Friday's shooting because prosecutors wanted to run tests on it and a bullet lodged inside.
The 58-year-old McCabe, who lost his leg below the knee in a railroad accident roughly 30 years ago, filed his lawsuit Tuesday. McCabe lawyer argued it wasn't practical for him to replace the specially built, $28,000 prosthesis.
Police removed the bullet from the leg before returning it. No arrests had been made by Wednesday.