The U.S. Court of Appeals for the Third Circuit has ruled 2-1 that a Newark, New Jersey, police detective is not entitled to qualified immunity in a civil rights suit by a man who was falsely accused of murder.

By affirming a district court judge’s decision on whether Det. Joseph Hadley and the City of Newark are entitled to qualified immunity, the appeals court clears the way for Corey Fallen to proceed to trial in his 10-year-old civil rights suit.