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WILMINGTON, NC (WWAY) — The state Court of Appeals says a lawsuit filed by a college student killed by a sheriff’s deputy against UNCW can move forward.

Peyton Strickland was shot and killed by a deputy helping serve a search warrant for UNCW Police at Strickland’s Wilmington home in December 2006.

Read the Court of Appeal’s decision

Strickland’s family sued the school for wrongful death because they said campus police used false information about Strickland and the level of danger officers may encounter at his home.

In a decision released today, the appeals court ruled the university is not protected by the public duty doctrine, which allows the lawsuit to proceed.

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