Eric Logan, 54, was leaning inside a vehicle when Sergeant Ryan O'Neill approached him and asked what he was doing.

O'Neill said Logan had a knife and was coming at him, so he fired two shots, reports said.

Logan died at the hospital.

The lawsuit alleges Sgt. O'Neill used excessive force and violated Logan's civil rights.

The suit alleges misconduct by the officer and alleges his actions were "unreasonable and undertaken with willfulness and reckless indifference to the rights of others."

The suit also alleges O'Neill targeted "Logan for police action based on his race."

Also named in the suit is the City of South Bend. The city is accused of failing to adequately punish officers for misconduct, which leaves officers believing their actions won't be scrutinized.

In addition, it alleges the South Bend Police Department regularly violates the constitutional rights of individuals and finds wrongdoing in a "disproportionately small number of cases."

The family is seeking compensatory damages against the city and O'Neill, and punitive damages against O'Neill.