Memphis police officer Connor Schilling has been dismissed from the civil lawsuit filed by the family of Darrius Stewart, meaning the trial scheduled for later this month is off.

The removal of Schilling, which follows the removal of the City of Memphis as a defendant, came at the request of Stewart's attorneys who hope to file another unified lawsuit against both the city and Schilling.

U.S. District Judge Samuel “Hardy” Mays issued an order Tuesday granting the “voluntary stipulation” filed by Stewart’s attorneys, dismissing Schilling.

“We will appeal the City of Memphis’ dismissal from the case, and once that appeal is resolved, we will come back and refile the case against Connor Schilling and hopefully have one trial against both the city and Connor Schilling,” said Carlos Moore, one of the attorneys representing Stewart’s family. 

The trial, with Schilling as the lone defendant, was slated to begin Feb. 25 in federal court for the death of Stewart.

Stewart, 19, was shot by Schilling July 17, 2015, after a traffic stop in Hickory Hill.

In 2016, Stewart’s family filed a $17 million federal civil rights lawsuit against Schilling, the City of Memphis and former Memphis Police Director Toney Armstrong. Armstrong was earlier dismissed as well.

“Schilling has been dismissed without prejudice, which means we can refile the lawsuit – and we will refile at an appropriate time,” Moore said. 

Moore added: “The family does not want to relive that horrendous night more than one time in court, so we felt to avoid having to have separate trials – one against the city and one against Mr. Schilling – that we just have one trial against both at the appropriate time.”