Hillsdale, MI — A Michigan sheriff's deputy is accused of using excessive force in the fatal shooting of a man last April. A lawsuit was filed this week in federal court in Lansing. Oscar Herrera was killed outside his home in Hillsdale County’s Reading Township. State police say Herrera confronted Deputy Adam Burlew with a knife after the deputy had killed his dog. Lawyers for Herrera's Chicago-area family say Herrera was a victim of ‘shoot first and ask questions later.’ The sheriff's office declined to comment on the lawsuit. There are questions about whether Herrera's knife was in an open position when he was shot by the deputy.