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PITTSBURGH (KDKA) — The family of a man who was fatally shot by a Pittsburgh Police officer in Homewood in February is filing a lawsuit against the city and the officer.

Mark Daniels was shot and killed by a Pittsburgh Police officer on Feb. 11.

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According to police, two officers were on patrol in Homewood when they saw Daniels, who they said was acting suspiciously. Allegheny County DA Stephen Zappala says the officers drew their weapons, but Daniels allegedly fired first.

Officers returned fire, striking Daniels in the arm. He was taken to a local hospital, where he was pronounced dead.

Zappala determined in April that the police-involved shooting was justified.

Daniels’ family is suing the city of Pittsburgh and one of the officers involved in the court of common pleas, arguing there’s no evidence Daniels fired at the officers and claiming the officer used excessive force.

A “Rally for Justice for Mark Daniels” is set to take place in front of the City County Building at noon on Friday.