MINEOLA, N.Y. (CBSNewYork/AP) — A judge has ruled the lawsuit filed by the family of a Hofstra University student shot and killed by a police officer during a standoff can go forward.

Andrea Rebello, 21, was shot in the head by a Nassau County police officer as she was being held hostage in her off-campus home in May 2013. The officer also shot and killed armed intruder 30-year-old Dalton Smith, who authorities said was using Rebello as a human shield.

The judge ruled against Nassau County‘s bid to dismiss the wrongful death lawsuit.

But the judge threw out parts of the suit, including a claim the shooting was the result of the county’s negligence in training and supervising the officer who shot Rebello.

Family attorney David Roth told Newsday the family, who lives in Westchester County, is happy with the decision and is moving forward with the litigation.

The county does not comment on pending litigation, WCBS 880’s Sophia Hall reported.

Last April, the district attorney decided prosecution of Officer Nikolas Budimlic, a 19-year police veteran, was not warranted.

Budimlic was one of the first officers to respond to the incident. Police said the officer found Smith holding Rebello in a headlock and threatening to kill her.

He fired when Smith pointed a gun at him, police said.

The officer acted quickly, saying later that he believed his and Rebello’s life were in danger, according to authorities.

Smith was hit seven times, Rebello once.

(TM and © Copyright 2015 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2015 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)