MINEOLA, N.Y. (CBSNewYork/AP) -- A judge has ruled the lawsuit filed by the family of a Hofstra University student shot and killed by a police officer during a standoff can go forward.
Andrea Rebello, 21, was shot in the head by a Nassau County police officer as she was being held hostage in her off-campus home in May 2013. The officer also shot and killed armed intruder 30-year-old Dalton Smith, who authorities said was using Rebello as a human shield.
Slain Hofstra Student's Family Lawsuit Allowed To Proceed
But the judge threw out parts of the suit, including a claim the shooting was the result of the county's negligence in training and supervising the officer who shot Rebello.
Family attorney David Roth told Newsday the family, who lives in Westchester County, is happy with the decision and is moving forward with the litigation.
The county does not comment on pending litigation, WCBS 880's Sophia Hall reported.
He fired when Smith pointed a gun at him, police said.
The officer acted quickly, saying later that he believed his and Rebello's life were in danger, according to authorities.
Smith was hit seven times, Rebello once.
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