Lawyers for a man wounded when an Atlanta police officer fired multiple shots into the car he was riding in have filed a notice of appeal after a federal judge ruled the city cannot be held liable even though the officer “clearly violated” the man’s constitutional rights.

U.S. District Judge Steven Grimberg of the Northern District of Georgia wrote last month that the officer—who was fired and pleaded guilty to simple assault charges—had no reason to shoot into a car leaving the Magic City strip club in 2015, but claims against the city could not be sustained because there was no evidence “creating a genuine issue of material fact on whether the city acted with deliberate indifference.”