Lozano claims in the suit that former Baylor football player Devin Chafin physically abused her in 2014 and that Baylor officials fostered an atmosphere that created a heightened risk for women to be assaulted. She also alleges Waco police officials did nothing after she reported her claims and conspired with Baylor officials to keep reports of violent acts by football players “from going outside the athletic department.”

A police spokesman denied the allegations in 2016 when Lozano first filed her lawsuit.

Waco City Attorney Jennifer Richie said the city will “continue to defend vigorously” the remaining claim.

“The city is committed to fully investigating criminal activity, supporting victims who wish to prosecute and protecting witnesses or victims,” she said.

Lozano’s lawsuit also names former Baylor head coach Art Briles as a defendant, but Pitman’s recent ruling does not involve Briles because he has not filed a motion to dismiss the suit.

The judge dismissed Lozano’s equal protection claims against the city while allowing her to proceed against the city on due process claims. Pitman also lifted his previous order to stay discovery matters in the lawsuit and ordered the parties to come up with a joint proposed scheduling order by Oct. 11.