ELKHART, Ind. (AP) — A man who spent nearly 10 years in prison for a wrongful conviction has cleared a key hurdle in his lawsuit against Elkhart police.

Attorneys for Elkhart argued that Keith Cooper took too long to sue . But a federal judge last week rejected that argument.

Cooper was convicted of armed robbery for a 1996 home invasion and shooting that injured a teen. He was released from prison in 2006 after a co-defendant’s conviction was overturned. In 2017, Gov. Eric Holcomb issued a pardon, and Cooper’s record was expunged.

Cooper says Elkhart police violated his rights in a “reckless and profoundly flawed” investigation. Elkhart denies any misconduct.