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U.S. District Chief Judge Solomon Oliver Jr. has denied an attempt by the city of Cleveland to dismiss a lawsuit filed by the family of a man killed in Parma by a Cleveland police officer in 2011.

(File photo)

Dan Ficker

CLEVELAND, Ohio -- There is enough evidence for a jury to decide whether two Cleveland police officers violated the rights of a man shot by an officer in suburban Parma during an investigation about jewelry stolen from the other officer's house, a federal judge ruled Tuesday afternoon.

U.S. District Chief Judge Solomon Oliver Jr., in a 31-page order, denied requests by police officers Matthew Craska and David Mindek, as well as the city itself, to dismiss the 2012 lawsuit filed by the mother and girlfriend of Dan Ficker, who was killed by Craska killed during a July 4, 2011 confrontation.

The judge wrote several times that dismissing the federal and state claims would be inappropriate.

Terry Gilbert, the attorney who represents Ficker's loved ones in the case, said Oliver's order is important because the decision was made after Craska, Mindek, former police Chief Michael McGrath and others gave depositions.

"This is a big step in the right direction to getting some resolution here," Gilbert said.

The next step is to take the case to a jury, though it was not immediately clear whether the city would appeal Oliver's decision.

A city spokesman did not immediately return a call placed Tuesday.

Ficker, 27, went to a party at Mindek's house the day before the shooting and was accused by Mindek's wife of stealing her jewelry. Tiffany Urbach, Ficker's girlfriend and the mother to his two children, is the cousin of Mindek's wife, Kimberly, and Kimberly called her husband about the missing jewelry.

Mindek, who was off duty, and Craska, who was on, went to Urbach's home to talk to Ficker, and a struggle ensued. It ended with Craska shooting Ficker in the chest.

In his order, Oliver wrote that there may be enough evidence to show that Craska and Mindek violated Ficker's civil rights when Craska fired his weapon. Further, he said a jury might be able to find Mindek liable because he did not stop his fellow officer.

"According to Craska, he shot Ficker because he felt himself slipping out of consciousness and feared death or serious bodily harm," Oliver wrote. "However, according to eyewitness testimony, Mindek, whom Craska asserts he took for backup, was still there with his stun gun and was watching the fight without engaging."

The judge also wrote that the police officers should have known they had no jurisdiction since they were not in the city of Cleveland, and that Craska might be liable for damages for patting Ficker down, trying to put him in the back of a squad car and ultimately trying to arrest Ficker.

Finally, the city may be liable for failing to train officers, Oliver wrote, since Craska and Mindek felt they had authority to investigate the case and pat down and detain Ficker while in Parma.

Bernadette Rolen, Ficker's mother, said Tuesday night that she heard about the decision through an email from Gilbert. She said it was good news, even though she is still waiting for a resolution.

"You learn to have patience," Rolen said.

A grand jury cleared Craska of criminal liability. Mindek was acquitted of a dereliction of duty charge after prosecutors accused him of failing to help Craska make an arrest.

Ficker's family has a billboard placed in Cleveland's Ohio City neighborhood -- which is visible when on West 25th Street -- that says "Justice for Dan Ficker." The billboard is put up in honor of his March 16 birthday, his mother said.

A U.S. Department of Justice report released in December criticizes Cleveland police over its use-of-force policies and practices.