TUPELO, Miss. (WTVA) -- The family of Ronnie Shumpert and Charles Foster plan to appeal the dismissal of a lawsuit filed against the city of Tupelo and Tyler Cook.
Attorney Carlos Moore filed the notice in Fifth Circuit Court of Appeals in New Orleans.
The Shumperts and Foster filed the lawsuit following Ronnie Shumpert's death at the hands of Cook last year after he ran from a traffic stop.
Cook shot Shumpert four times after investigators say Shumpert attacked the officer who was searching the area with his canine officer.
The $35 million lawsuit was filed over Shumpert's death and Foster being detained by police.
Earlier this month, Judge Sharion Aycock dismissed the lawsuit saying the plantiffs failed to establish several essential claims for the civil suit to move forward.
More information will be filed on the appeal at a later date.