REFORM, Ala. — A federal judge’s ruling will allow the family of Glenn Foster Jr. to file a lawsuit alleging the former Saints defensive end died as a result of excessive force after he was found dead in the back of a police vehicle during transport to a mental health facility in 2021.

Foster, Jr. died in custody on Dec. 6, 2021 in Alabama after a judge ordered he be taken to a medical facility in Tuscaloosa. He was found unresponsive after he arrived at the facility, and  pronounced dead.

Foster had been arrested three days earlier and booked in a Pickens County jail for allegedly speeding and allegedly trying to flee from the police.

Foster’s family filed a lawsuit against Pickens County Sheriff’s Office and the jail alleging Foster had been beaten, shocked with a Taser and strangled while at the jail, ESPN reported.

On Thursday, U.S. District Judge Annemarie Carney Axon ruled against dismissing the allegations of excessive force and failure to intervene. Some portions of the lawsuit were dismissed.

Foster, Jr. played for their New Orleans Saints during the 2013-2014 season.

More on Foster Jr.’s death and the investigation.