A quadriplegic claiming Camden police officers broke his neck during a 2014 arrest is one step closer to a civil trial after a judge rejected defendants’ attempts to toss the suit.

U.S. District Court Judge Jerome Simandle ruled Friday that most, but not all, of the counts of the lawsuit could continue against Camden County police, the county, the police chief and the three officers who were involved in the arrest.

He also said medical experts for the paralyzed man, Xavier Ingram, 20, would be allowed to testify at trial that his neck was likely broken when the officers kneeled and stepped on his neck, and his injuries were exacerbated when they continued to move him and ignore his cries that he couldn’t feel his legs.

Camden County police maintain that no excessive force was used and Ingram’s injury occurred when he fell while running from police. They have expert witnesses who will also testify that this is what happened. The fall was captured on a surveillance video, but Simandle said the county’s assertion that the video exonerates the cops was incorrect.

“The court has reviewed the surveillance video and finds that it is of such low quality that it cannot be used to definitively ascertain the amount of force that Officer Defendants used in arresting Plaintiff Ingram,” Simandle wrote.

Beth Baldinger, Ingram’s attorney, said her client, who remains in a hospital bed, was pleased to get news of the decision.

“He’s look forward to having the case brought to trial,” she said. She hopes the judge will set the trial for this fall. “He’s been suffering with this every day for five years.”

Police spokesman Dan Keashen called Ingram’s allegations “baseless and frivolous” and said the department "wholly expects that its officers will be found to be exonerated at trial.”

Ingram’s arrest and injury on June 12, 2014, were precipitated either by an illegal handgun or planted evidence, depending on who you believe. Police said they chased Ingram after believing he had ditched a gun under a parked car.

He denies the criminal charges against him, and they have never been resolved. His criminal lawyer in February asked a superior court judge to dismiss the charges because his client, who will spend the rest of his life in a hospital bed, cannot physically make it to court to be tried.

Xavier Ingram in an undated photo before his injury June 12, 2014. (Photo provided)SJN

According to depositions in his civil suit, Ingram was with a group of men in Sycamore Court apartments June 12, 2014, when then-Sgt. Jeremy Merck, 32, and two rookies, Nicholas Marchiafava, 30, and Antonio Gennetta, 31, came to check the area for suspected drug activity.

Merck said in his deposition that as Ingram left the area, Merck saw Ingram stoop between cars and heard a noise. Merck then found a gun on the ground in that spot and sent Marchiafava and Gennetta to arrest Ingram, he said.

Ingram maintains that the gun wasn’t his, but was planted by Merck. He took off running when he saw the officers because he had warrants, he said in deposition.

The police department’s “eye in the sky” camera captured Ingram running and falling, but it is hard to tell what is happening after the two officers descend on Ingram on the ground.

He swore the two officers beat him and kneeled on his upper back and neck, and that he told them he couldn’t feel his legs. He said that Merck walked up, told him to “shut up,” and stepped on his neck until he heard it crack and felt blinding pain.

Marchiafava and Gennetta reported using only compliance holds and placing their knees on his back, while Merck denies using any force. The two rookie officers testified that they heard Ingram say that he was hurt and couldn’t feel his legs, but they they still tried to sit him up until he fell back to the ground. Then an ambulance was summoned.

The officers also said they found heroin on Ingram, but each of the three officers told a different story about who found the drugs, when and where, according to Ingram’s police expert.

In his rulings Friday, Simandle allowed the suit to go forward, noting that if viewed in the light most favorable to Ingram, it was plausible that a jury could decide the suit in Ingram’s favor on multiple counts, including excessive force and violations of his constitutional rights.

He did dismiss all counts of excessive force, failure to provide medical care and constitutional violations against the police department and the county, though he allowed those counts to remain as to Police Chief J. Scott Thomson and the individual officers.

He also dismissed all claims against then-assistant police chief Orlando Cuevas.

Simandle also ruled that Ingram’s co-plaintiff, Darren Dickerson, can continue suing for excessive force and violations of his civil rights in connection with the same incident.

Dickerson alleges that he was one of several witnesses who saw Ingram being beaten and that he swore at police and was ordered to leave. While he was walking away, he alleges Officer Nigel Shockley asked him to repeat his profane comment and then tackled, beat and arrested him. Shockley and police allege Dickerson was told he was under arrest but ran, requiring Shockley to chase and tackle him.

However, Simandle did reject Dickerson’s claim of false arrest because the Camden man later pled guilty to a municipal offense.

Rebecca Everett may be reached at reverett@njadvancemedia.com. Follow her on Twitter @rebeccajeverett. Find NJ.com on Facebook.

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