Bill Cosby is now in state prison, convicted of assaulting Andrea Constand in 2004. But Constand’s defamation lawsuit will continue against a former Pennsylvania prosecutor who chose not to charge Cosby in 2005.

A federal judge in Philadelphia on Tuesday denied a summary judgment motion by former Montgomery County District Attorney Bruce Castor Jr., allowing the case to proceed. Constand alleges that Castor depicted her as a liar in statements he made three years ago.