The family of an innocent bystander shot and killed by police last month is suing the city of Chicago, WFLD reports.

Boyd was shot by off-duty police officer Dante Servin after he said someone pointed a gun at him. No weapon was recovered at the scene.

Boyd’s brother Martinez Sutton said the pain surrounding his sister’s death is unbearable.

“My sister, I couldn’t believe it. Just watching that news story about the 22-year-old woman that been shot in the head and I’m like, I feel sorry for that family. And come to find out, that we were the family that it happened to. I can’t even describe the hurt, the pain and the feelings that we had. It’s unbearable,” Sutton said.

Chicago Police Department is currently investigating the shooting.

Family of Rekia Boyd File Lawsuit Against City of Chicago: MyFoxCHICAGO.com