AMARILLO -- A federal lawsuit against a DPS trooper will continue.
The Fifth Circuit Court of Appeals last week sided with a district judge to not drop Trooper Chad Mullinex from the suit.
Mullinex is the only defendant left in the lawsuit filed by the family of Israel Leija Junior.
Mullinex shot and killed Leija just south of Canyon during a chase that started in Ttulia that happened back in 2010.
A June 2010 Randall County Grand Jury decided not to charge Mullinex with any wrong doing in the incident.
The Department of Public Safety and a second trooper have previously been dropped as defendants in the case.