The man accused of killing former New Orleans Saints defensive end Will Smith had once sued city police after they shot and killed his father on Dec. 26, 2005.

Cardell Hayes, 28, and the city settled the federal lawsuit in September 2011, while attorneys were preparing for trial in the case. Court papers don’t describe the settlement.

According to the lawsuit, several people told the officers that Antonio Hayes had a history of mental illness.

Police said they shot Antonio Hayes after he lunged at them with a 3-inch-long knife. Bystanders had video of officers surrounding Hayes, but not of the shooting. Six officers were defendants in the lawsuit, which said Anthony Hayes was shot at least nine times.

Cardell Hayes was arrested and charged with second-degree murder in the death of Smith, who was shot and killed Saturday after a traffic accident.