A third district court has ordered a hearing on whether to dismiss a lawsuit filed by a gay man who alleges that the New Orleans Police Department racially profiled him for years after he was arrested.
A federal judge in Louisiana on Monday dismissed the lawsuit filed against the department by the man, James McNeil, who was arrested in 2004 and charged with felony murder.
A three-judge panel of the 3rd Circuit Court of Appeals in New Orleans ruled that it was premature to consider whether to hear the case.
In the suit, McNeil says he was falsely identified and arrested by police officers during a routine traffic stop in 2004.
McNeil says that after being detained, he was placed in a cell with other people for hours and denied medical care, but he was later given a drink and later allowed to leave the cell.
McNeill says the officers were aware of his gender identity and that they had already known about his sexual orientation and gender identity discrimination before arresting him.
McNeal also claims that the incident that led to his arrest was an unconstitutional violation of his civil rights, and that his arrest is a violation of the Fourth Amendment to the U.S. Constitution.
The case has been ongoing for more than a decade.
McNeilly’s lawyers have been battling for years to have his arrest reversed and the case moved to the Louisiana Supreme Court, where a decision could be imminent.
Mcneilly’s lawsuit seeks $10 million in damages and a retrial.
The Third Judicial District Court of Appeal is the only one of three federal courts to have jurisdiction over the Third Judicial Circuit, which includes the city of New Orleans.
In 2015, a federal judge dismissed the case, saying the case should be heard by the state court.