TUPELO, Miss. (AP) — An appeals court will hear arguments in September as a Mississippi family tries to revive a $35 million wrongful death lawsuit over a police shooting.

Antwun "Ronnie" Shumpert, who was black, was shot to death by a white officer in June 2016 in Tupelo.

In November 2017, U.S. District Judge Sharion Aycock dismissed the family's lawsuit without a trial. She wrote the law was clear that the officer and the city could not be found liable for damages in Shumpert's death.

The Northeast Mississippi Daily Journal reports the 5th U.S. Court of Appeals will decide whether Aycock ruled correctly.

Federal and state prosecutors ruled out criminal charges against officer Tyler Cook, despite claims by Shumpert's relatives that the shooting was unjustified. Cook says he shot as Shumpert punched him.