A federal judge in Atlanta declined to toss out civil rights claims against the city of Atlanta and an officer who fatally shot a teenager as he drove away in the officer’s unmarked car, although he did dismiss former Atlanta Police Chief Erika Shields and claims for violations of the Georgia Open Records Act.

According to court filings, Officer Oliver Simmonds had parked his car at a gas station in southwest Atlanta on Jan. 15, 2019 and was refueling when 18-year-old D’Ettrick Griffin slid behind the wheel and began to drive off.