(MSC News)--A wrongful death civil lawsuit in relation to the officer-involved shooting of 27-year-old Jason Fanning, in Saint Joseph, Missouri, will move to federal court.

A judged motioned last month to have the case moved out of Buchanan County to the U.S. District Court in Kansas City.

The lawsuit alleges the City of St. Joseph and Police Chief Chris Connally failed to properly train and enforce protocol.

The lawsuit alleges SJPD Officer Justin Bever's decision to use excessive force on Fanning stemmed from lack of proper training.

Buchanan County Prosecutor Dwight Scroggins cleared Bever of any criminal wrongdoing earlier this year.