The family of a West Philadelphia man with a history of mental illness who was fatally shot by police responding to a call that he assaulted his children has been cleared to move forward with part of their lawsuit against the city and Philadelphia Police Department officers.

U.S. District Judge Cynthia Rufe of the Eastern District of Pennsylvania granted in part and denied in part a motion for summary judgment filed by nine police officers sued by Christopher Sowell's mother Aleathia Duvall, and the mother of his children, Hyshonda Hinton.

The plaintiffs sued for wrongful death, excessive force, assault and battery, and intentional infliction of emotional distress. They also alleged the city failed to adequately supervise its officers.

Rufe dismissed the assault, battery and intentional infliction of emotional distress claims but allowed the others to move forward.

"Nothing in this opinion should be taken as suggesting that the court has deemed some evidence more reliable or some witnesses more credible than others; those determinations will be for a jury to make," Rufe said. "Because critical facts are genuinely disputed, however, and because the court is required at this stage to view the facts in the light most favorable to plaintiffs, summary judgment cannot be granted as to plaintiffs' excessive-force claim or their Monell claim for failure to supervise or discipline."

Sowell was shot in September 2016 after experiencing a "mental health- or drug-related episode," Rufe said.

According to Rufe, police officers said Sowell mentioned he had seen "demons"

"Sowell, a 32-year-old man with a history of mental health issues, was sought by police after he attacked his two minor children and a minor relative," Rufe said.

She added that the officers testified that when they responded to the call they found Sowell's children "covered in blood."

Eventually, "the officers found him on the front steps of a friend's nearby home. Sowell's behavior there, the officers have testified, led them to believe that he posed an imminent threat to their safety. The officers opened fire. Collectively, they fired 109 rounds at Sowell. Twenty-five bullets struck Sowell, killing him," Rufe said.

The plaintiffs are represented by Eric Spade of the Spade Law Firm in Philadelphia. Reached Friday, Spade declined to comment.

Aaron Shotland of the City of Philadelphia's Law Department represents the defendants and did not respond to a request for comment Friday.