Pepper spray case moves closer to trial

A federal lawsuit challenging the use of pepper spray by Birmingham police officers in city schools is moving forward.

On Wednesday, a judge denied the police department's request to throw out the lawsuit, putting the case one step closer to an actual trial.

The lawsuit has been filed for months while the practice of using pepper spray continues. It is a fact that is troubling to the lead attorney arguing for the students.

"Teens should be punished for acting up, however they should not be sprayed with a dangerous chemical weapon and then put in handcuffs and arrested. So, we think those 2 things are the most important issues and, frankly, the reason we brought this lawsuit in the first place," said Ebony Howard with the SPLC.

The Birmingham Police Department had no comment about the judge's ruling.

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