U.S. District Clay Land handed down the ruling Tuesday afternoon, a week after attorneys representing Tompkins and her deputies moved for immediate dismissal.
Nelson’s family hired Washington, Ga. attorney Craig Jones, who filed the lawsuit in the Middle District of Georgia three days after Nelson, Jr.’s death.
“It gives the case a green light to go forward, and it means we’ve got years of litigation ahead of us,” said Jones.
Attorneys representing the city argued that the case was filed before the plaintiff had the facts in the case and knew who to sue.
Land counted that in his ruling.
“But at this stage of the litigation, the Court must accept Plaintiffs’ factual allegations as true, and when that is done, Plaintiffs have sufficiently stated a claim,” Land wrote. “Accordingly, as explained in the remainder of this Order, Defendants’ motion to dismiss is denied.”
Read Judge Land’s full Order below: