A judge has granted a civil trial for a Kenyan man who alleges immigration agents violently attacked him at a Kansas jail for refusing to be fingerprinted before deportation. The incident was captured on jailhouse surveillance video.

The civil lawsuit filed by Justine Mochama, an international student who overstayed his visa, has languished in federal court in Kansas for almost three years.

But on Tuesday U.S. District Judge Kathryn Vratil refused to throw out his claims that two agents from U.S. Immigration and Customs Enforcement used excessive force during the January 2014 altercation.

His attorney provided the jailhouse video to The Associated Press. It shows Mochama being lifted in the air, punched in the stomach and pinned on the ground.