By Cherri Gregg

by Cherri Gregg

PHILADELPHIA (CBS) — The federal complaint filed last September alleged civil rights violations and sought class action status, as well as federal oversight of use of force by the Philadelphia Police Department.

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In a 20-page order, District Court Judge Stewart Dalzell dismissed several of the allegations in the complaint, including those related to the class action.

However, he allowed the federal civil rights claims against the city of Philadelphia and the personal claims against the two police officers involved in the shooting to proceed.

“We do feel that this is a cause for celebration,” says Brian Mildenberg, an attorney representing the family.

Police says Brown was reaching for a gun when he was shot, the family claims video shows otherwise. Mildenberg says they are eager to move forward in the case and allow a judge and jury to decide.

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“We’ll take depositions, we’ll issue subpoenas and prepare for trial,” he says, “we will take the testimony of the officers involved.”

Brown’s mother Tanya Brown Dickerson says she’s not looking for money.

“I want accountability,” she says, “I am just happy that the judge thought enough of the case to say he’ll hear it.”

The city of Philadelphia declined to comment on the case, citing its policy on pending litigation.

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