The U.S. Court of Appeals for the Third Circuit has reinstated a suit filed against the Bergen County Prosecutor’s office on behalf of Frank Lagano that alleges the organized-crime figure was murdered after he was revealed to be a confidential informant by someone in the office.

The ruling allows Lagano’s estate to bring claims over his April 12, 2007, murder in front of the Seville Diner in East Brunswick, N.J., of which he was part owner. No one was ever charged in the shooting of Lagano, then 67. The suit claims that disclosure of Lagano’s status as an informant established a state-created danger in violation of his due process rights.