PATERSON — The family of a man who was shot to death by a Paterson police officer will be allowed to proceed with their wrongful death lawsuit, a report said.

Saulo Del Rosario was holding a hammer when police kicked down the door to his room and shot him twice on Aug. 31, 2012, Courthousenews.com said.

His family called police because Del Rosario suffered from seizures and hadn't taken his medicine. The door had a latch on it and Del Rosario didn't respond when his relatives tried to talk to him, according to the report.

Police carrying a protective shield with them when they entered the room said the 39-year-old man refused their orders to drop the hammer.

Officer Marj Kush fired twice, striking Del Rosario once in the mouth.

The civil suit against the city and the police department asks for $10 million.

U.S. District Judge William Martini denied Kush and Paterson's request to toss the suit.

Jeff Goldman may be reached at jeff_goldman@njadvancemedia.com. Follow him on Twitter @JGoldmanNJ. Find NJ.com on Facebook.