U.S. District Judge John W. Broomes said today (Friday) that a federal lawsuit in the 2017 fatal shooting of 28 year old Andrew Finch can move forward.

Finch’s death was the result of an online gaming dispute between two individuals, wherein a hoax phone call was made to police. An old address was given, and officers arrived at Finch’s residence, even though he had nothing to do with the dispute.

Officer Justin Rapp fired the shots that killed Andrew Finch, who was unarmed.

This kind of phony emergency call is known as “Swatting,” a gaming prank to get authorities to descend on a person’s home.

Judge Broomes denied Officer Rapp’s request for summary judgement in the lawsuit that was filed by the family of Andrew Finch.