KANSAS CITY, Mo. – A federal judge ruled Friday that a civil suit filed by the family of an Overland Park, Kansas, teen shot and killed by Overland Park police earlier this year can move forward.

Attorneys representing Overland Park had filed a motion to dismiss the civil suit filed earlier this year by the family of John Albers.

In a filing made public last Friday, the judge moved the lawsuit forward, though modified what evidence and claims each side will be able to present moving forward.

Albers was shot and killed while backing out of the garage of his family’s home in January. At the time, police said they believed Albers was backing the vehicle toward them, though the judge noted in the ruling the officer that shot Albers was positioned to the side of the vehicle and had not spoken to Albers as he came out of the garage.

A review of the incident by the Johnson County District Attorney’s office determined officers were justified in opening fire on Albers.

In their lawsuit, the family contends officers were ill-equipped to handle the situation, which started as a mental health call.

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