A federal judge on Friday denied a motion by the family of Darrius Stewart seeking an immediate appeal of a ruling removing the city of Memphis from the civil case involving the teen's shooting death at the hands of a Memphis police officer.

The decision by U.S. Dist. Judge Samuel "Hardy" Mays means the civil trial in Stewart's death – set for later this month – will proceed as scheduled.

On Jan. 25, Mays ruled in favor of the city’s motion for a summary judgment, stating the plaintiffs failed to cite sufficient evidence that “the city’s policies and customs caused Stewart’s constitutional injury.”

Attorneys representing Stewart’s family filed a motion asking the court to issue a final judgment before an appeal was filed. Friday, Hardy issued an order denying this motion.

“There is a federal policy against piecemeal appeals,” the judge wrote in his order. “Trial is set to begin on February 25, 2019. There is nothing in the record that ‘suggests that any party would suffer hardship if the right to appeal were deferred pending resolution of the entire controversy on the merits.'”

Stewart’s family filed the civil lawsuit against former Memphis police officer Connor Schilling and the city in July 2016, a year after Stewart's death. It seeks $7.1 million in compensatory damages and $10 million in punitive damages.

Carlos Moore, one of the attorney’s representing Stewart’s parents, said they will abide by the court’s ruling.

“We are preparing to go to trial as the judge ordered,” Moore said Friday afternoon regarding the order. “In the interest of judicial economy, we feel that we will try the case and then we do any appeals against the city and any appeals that may be necessary against Schilling at one time. We will abide by the order of the court. We are ready to move forward with the trial in the case.”

Moore said Schilling will be tried alone since the judge's order denied their appeal on the ruling dismissing the city from the case. 

Stewart, 19, was shot twice by Schilling during a traffic stop July 17, 2015, in Hickory Hill. Stewart, a passenger in the car, was wanted on Iowa warrants and struggled with Schilling during the arrest, according to a Tennessee Bureau of Investigation report.

Bruce McMullen, chief legal officer for the city of Memphis, issued a statement Thursday about the appeal, stating: “They have the right to appeal the court’s ruling dismissing the city from their lawsuit. This is a regular part of any lawsuit. We are confident the court’s ruling was correct and will withstand the scrutiny of an appeal."