NEW YORK (AP) — A federal appeals court in New York says a lawsuit alleging the use of sound cannons by police constitutes excessive force can proceed toward trial.

The 2nd U.S. Circuit Court of Appeals said Wednesday that it agreed with lower court judge who concluded that the New York Police Department and its officials were not entitled to immunity.

The lawsuit stems from the NYPD's use of sound cannons known as Long Range Acoustic Devices during 2014 protests over the police chokehold death of Eric Garner.

The device manufacturer says they emit a series of sharp beeps to disperse crowds. An attorney for six plaintiffs says the sound left his clients with migraines and hearing damage.

A spokesman says the city's Law Department is reviewing the decision.