A federal judge says a lawsuit brought by a man who claims he was subject to excessive, racially motivated force by Seattle police can go forward.

Martin Monetti Jr. was out celebrating his 21st birthday in 2010 when he and two friends were detained in a robbery investigation. As he lay prone in a parking lot, Seattle officer Shandy Cobane stomped on his hand and referred to Monetti's Mexican heritage while threatening to beat him up. Another officer stepped hard on his leg.

Cobane later made a tearful apology for the language he used. The city agrees it was unprofessional, but says Monetti's constitutional rights were not violated.

U.S. District Judge Ricardo Martinez declined to dismiss the lawsuit Thursday, saying Monetti had presented enough evidence to send the case to a jury. Martinez did throw out some of Monetti's claims, including negligent infliction of emotional distress.