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MOBILE, AL (WSFA) -
A Circuit Judge today dismissed the wrongful death lawsuit in the case of the naked University of South Alabama student shot to death on campus on the part of the university. However, the judge ruled the lawsuit against USA Police Chief Zeke Aull can move forward.
Mobile County Circuit Court Judge Robert H. Smith granted a motion allowing the dismissal of the lawsuit filed by the parents of Gil Collar against the University of South Alabama Friday morning. Judge Smith denied the motion for dismissal against USA Police Chief Zeke Aull.
Also named in the lawsuit is the USA Police Officer who fatally shot Collar, Trevis Austin.
The Beasley Allen Lawfirm, which is representing the Collar family, issued a statement saying:
"We plan on going forward with the claims against the two defendants and we are hopeful that the University will make needed changes in how its officers are trained and equipped. Since the ruling in favor of the University was based on sovereign immunity, it did not address the merits of the case. The family understands the ruling and still want changes made so that what happened to their son won't happen to any other students."
Investigators say Collar was shot to death by Austin after he showed up in a naked, "drug-induced meltdown" at the USA Police Station. Austin claimed Collar charged him after repeatedly banging on the station's doors.
Surveillance video shows Collar and Austin in a confrontation, but does not show the shot that killed Collar. The video also does not contain audio.
Copyright 2013 WSFA 12 News. The Associated Press contributed. All rights reserved.