PATERSON, N.J. (CBSNewYork/AP) — The family of a 39-year-old mentally ill man has filed a wrongful death lawsuit against the City of Paterson, nearly two years after the man was shot and killed by a Paterson police officer.

Saulo Del Rosario was killed in September 2012. Authorities said at the time that Del Rosario was waving a hammer and had moved toward the police.

The lawsuit said Del Rosario’s family was worried that he had not taken medication for seizures and called the police when he refused to come out of his bedroom.

The family alleged that the department used excessive and unnecessary force in shooting Del Rosario. His death has caused the family to suffer emotional anxiety and distress, according to the lawsuit filed Tuesday.

The family is seeking $10 million in damages.

Several individual police officers were named as defendants in the lawsuit as well.

The suit claims that the officers “failed to exercise due care in their conduct” and used excessive force that was carried out with “willful, malicious and reckless disregard.”

A message seeking comment from the department was not immediately returned Wednesday.

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