It appears that a civil suit filed by a man who two Beaumont police officers struck and used a Taser, is going to court.

Derrick Newman filed the suit against former Beaumont Officer David Todd Burke and Officer James Cody Guedry.

Newman is suing the two for violating his civil rights during a traffic stop in August of 2007. According to court documents, Newman was struck 13 times with a police baton. The incident was captured on dash cam video.

Guedry and Burke requested that the civil suit be dismissed because they had qualified immunity. The Fifth Circuit Court of Appeals Friday denied the motion.

Both officers were convicted in criminal court of official oppression, but both have appealed those rulings.