A federal judge on Wednesday ruled a lawsuit filed by the family of Brian Layton Cardall — who died after being shocked with a Taser — may move forward to trial.

Cardall died on the side of a southern Utah highway in 2009 after police shocked the 32-year-old twice as he suffered a bipolar manic episode.

U.S. District Judge Clark Waddoups ruled the family may not bring some of their claims to trial, but the judge allowed the central claim in the case: that officers should never have used a Taser on the naked, unarmed Cardall. A trial date has not yet been set.

"The Cardalls are anxious for a jury to hear the evidence that is set forth in the judge’s 27-page opinion," Karra Porter, the family’s attorney, said Wednesday."Overuse of Tasers is a growing concern in this country."

Listed as plaintiffs in the lawsuit are Cardall’s wife, Anna; his daughters, Ava and Bella; and his parents, Duane and Margaret Cardall. The complaint names Hurricane Police Chief Lynn Excell, Officer Ken Thompson, and the City of Hurricane as defendants.

The lawsuit alleges the actions of Thompson and Excell amounted to willful misconduct, wrongful death, intentional infliction of emotional distress and the deprivation of constitutional rights. When Anna Cardall asked officers if her husband was going to be OK following the Taser deployments, they ordered her to return to her vehicle, preventing her from helping her husband. The officers also did not render aid to Cardall before paramedics arrived, which may have contributed to Cardall’s death on June 9, 2009, according to the Cardall’s wrongful death claim.

Waddoups last month heard arguments from both sides as part of a motion in which the defendants had asked the judge to dismiss the lawsuit before trial.

Peter Stirba, a Salt Lake City attorney who has represented Hurricane during the Cardall case, argued his clients never intended to fatally harm Cardall and were trying their best to handle the situation after 911 calls reported Cardall was nude and running erratically into traffic.

Stirba said Wednesday he is investigating whether he can appeal Waddoups ruling under immunity arguments. He said he is pleased the judge dismissed some of the claims.

Attorney Karra Porter, who represents the Cardalls, argued the department was negligent with its use of vague use of force policies. She also argued Cardall’s rights were violated when he was handcuffed after being shocked by the Taser and that law enforcement did not act quickly enough when Cardall stopped breathing on the side of the road.

She said a jury could classify law enforcement’s behavior as "willful misconduct."

The Cardall’s lawsuit also alleges police could have contained Brian Cardall differently. The complaint alleges several missteps made by Thompson and Excell at the scene including that:

» Thompson deployed a Taser 42 seconds after arriving at the scene, despite information from a 911 dispatcher that Cardall was bipolar and had taken medication and was waiting for it to take effect. Dispatchers told officers that Cardall spoke of meeting the president and was going in the road and jumping in front of cars — indications of mental illness.

» Thompson and Excell responded to the scene, despite the fact that the incident was outside of Hurricane city limits and should have been handled by Washington County deputies, who were en route at the time Thompson used his Taser.

» When Thompson arrived at the scene, the 156-pound Cardall, nude and unarmed, was no longer running in the road. Thompson drew his Taser immediately and began shouting commands, without ever trying to engage Cardall in a conversation to defuse the situation. When Thompson yelled "come here," Cardall put his hands in the air by his head.

» Cardall took a step toward Excell and then a step back toward his wife, and then steps toward Thompson without ever aggressively moving toward anyone.