Its been three years since Ismael Lopez was shot inside of his Southaven home, police, in that case, were cleared of any wrongdoing.
Monday, Lopezs family and their attorney spoke in a press conference outside of the Federal Court building in Oxford.
The family is suing the city for damages in the case, and a Federal court judge has been called on to determine if Lopez has any rights since he is an undocumented worker.
Lopez attorney Aaron Neglia spoke to how the family was handling the proceedings.
How do you think they are doing, they are hurting and this is the three year anniversary, Neglia said. This is a trying time and everything that comes up reminds them. Every Birthday party and wedding anniversary, every anniversary of his death.
Neglia said they are waiting on a Federal Judge to rule whether or not Lopez had rights in the U.S. because he was an undocumented worker.
The City of Southaven, he said, is arguing that Lopez does not.
Related: Attorneys for family of Ismael Lopez claim evidence shows police officers should have been indicted
If you are an undocumented citizen you have constitutional rights, its proven, it is in the U.S. Constitution, Neglia said. Ill take it one step further if you are visiting you have constitutional rights if you are on vacation and you are in another country and if you were murdered you have protection. Is it open season to kill you? It is constitutionally and morally godly wrong.
Neglia told us he still wants the police officers involved in the shooting charged in the case.
In the meantime, he said, Southaven has called for the case to be dismissed as the family waits on a ruling on if Lopez had rights.