A fired officer deserves a hearing on his civil rights claims against the New York City Police Department after his attorney allegedly filed papers to dismiss the claims without his consent, a federal appeals court has ruled.

The U.S. Court of Appeals for the Second Circuit said Manuel Gomez should have been granted a hearing on his accusation that his lawyer lacked the authority to dismiss his civil rights action for false arrest, physical abuse and other claims against the NYPD.

The circuit vacated the decision of Southern District Judge Richard Sullivan in Gomez v. City of New York, 14-3583, and remanded the case to Sullivan for further proceedings.