The 5th Circuit Court of Appeals has rejected an effort to allow a wrongful death lawsuit against the City of Austin and the Austin Police Department.

The appeal was filed by the family of Jesse Lee Owens who was shot and killed by APD Officer Scott Glasgow during a traffic stop in 2003.

Glasgow says his arm got caught in the car door, and he was dragged as Owens tried to drive away.

Owens' family claimed his civil rights were violated. Last year Judge Sam Sparks dismissed the lawsuit and Tuesday, the U.S. 5th Circuit Court of Appeals upheld that ruling.

"The simple fact of our case is officer glasgow when he was being drug down the street used deadly force to defend himself," said Travis Williamson, attorney for Scott Glasgow. "And it's very difficult to find anyone who would think that that's not justified."

The attorney for the Owens family did not respond to KVUE's request for a comment.

The Owens shooting was just one of the incidents involving minorities that sparked a federal review of the Austin Police Department.