A school police officer can’t escape a lawsuit that alleged he handcuffed and verbally abused an 8-year-old autistic student who had a disruptive outburst at school, twirling a jump rope as “nunchucks” and trying to hit people, ruled the U.S. Court of Appeals for the Fifth Circuit.

The ruling on Wednesday clears the way for the boy’s parents, Chad and Martha Wilson, to continue to trial with their claims of disability discrimination against the city of Southlake, the Southlake Police Department and former school resource officer Randy Baker.