SOUTH BEND, Ind. (AP) — The family of a Black man who was fatally shot by a white Indiana police officer in 2019 is appealing a federal judge’s dismissal of their wrongful death lawsuit.

Eric Logan’s relatives argue in the appeal filed this week in the 7th Circuit Court of Appeals in Chicago that the judge was wrong to dismiss the suit.

They said he should have considered evidence regarding former South Bend police Sgt. Ryan O’Neill’s credibility and policing standards.

The South Bend Tribune reports that Logan’s family sued South Bend and O’Neill.

The officer said he shot Logan in June 2019 because he refused to drop a knife.