FERGUSON (KMOX) — A federal appeals court says a lawsuit filed against the city of Ferguson and its police department can proceed.

The Post-Dispatch reports the suit brought by Dorian Johnson, a friend of Michael Brown Jr., says officer Darren Wilson violated Johnson’s constituional rights and intentionally inflicted emotional pain.

Lawyers for Ferguson Police say excessive force wasn’t used and sought to have the suit dismissed because there was no underlying constitutional violation. A lower court previously refused to dismiss the case.

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