VIRGINIA BEACH, Va. (AP) — A judge has ruled that a civil lawsuit against four Virginia Beach police officers in connection with a deadly double shooting will proceed to trial.

Media outlets report that Gina Best filed the wrongful death lawsuit in March against the four SWAT officers who opened fire on a murder suspect and indirectly killed her daughter, 28-year-old India Kager.

Kager drove into a convenience store parking lot when the officers rushed up to her car to arrest her boyfriend, 35-year-old Angelo Perry. Police say Perry shot first and the officers returned fire, killing Perry and Kager. The couple’s infant son was unharmed.

Deputy City Attorney Christopher Boynton argued in court filings that the officers’ actions were justified. However, plaintiff’s attorney Kevin Martingayle says the officers acted recklessly.