A federal judge on Monday denied motions filed by the City of Minneapolis and MPD to dismiss the case
Ben Garvin says he was fired over Christmas.
He's accused of hitting a WCCO photojournalist's phone out of his hand as he recorded a confrontation between the suspect and Joe Biden supporters.
The Tennessee-based journalist was in Minneapolis covering the protests.
He spent nearly 40 years of his life breaking stories for the Star Tribune and KSTP-TV.
One reporter was filming when a cop pepper-sprayed him as he was lying on the ground.
Journalists and media outlets are "vehemently" opposing the judge's ruling.