FORT WAYNE, Ind. (AP): A federal judge is allowing a lawsuit to proceed against a Fort Wayne police officer who wounded an unarmed man after a store robbery.

Anthony Gant filed the lawsuit against the city of Fort Wayne and three officers over the 2015 shooting, claiming he was the victim of excessive force and was denied immediate medical care.

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The Journal Gazette reports Judge Theresa Springmann removed the city and two officers from the lawsuit, but ruled court action could continue against Officer Daniel Hartman. The judge wrote that reasonable jurors could believe Gant was trying to obey Hartman’s orders to stop as he fled a Dollar General store.

Prosecutors cleared Hartman of criminal wrongdoing for shooting Gant in the abdomen. Gant and another man pleaded guilty to robbing the store.