The sister of a man who was shot and killed by police in Falmouth is suing the town, its police chief and two officers.

Christina DiMillo claims that police used excessive force when her brother, 51-year-old Daniel DiMillo, was killed by officers in Oct. 2021.

According to the Portland Press Herald, the complaint was moved Tuesday from state court to U.S. District Court in Portland.

DiMillo was killed after police responded to reports that a man was running around the intersection of Lunt and Middle Roads with a long knife.

He reportedly refused to put down the knife and continued to advance toward officers, even after being tased.

DiMillo was well known to Falmouth police officers, who say he was the subject of “numerous reports of disturbances and crises secondary to mental health issues.”

The complaint alleges the town failed to implement a policy that protects the constitutional rights of those who come into contact with police.

It also claims that police Chief John Kilbride failed to properly train the officers.