 In October 2003, Busch-Boskey's lawsuit against the NYPD reached Federal Court.However, the Busch family had another setback when on November 17, 2003, the jury supported the police officers' version of the shooting, and found the officers and the city not liable in Busch's death.However, on September 9, 2004, federal judge Sterling Johnson, Jr. a former police officer, found serious issues with the police officers' version of the events leading up to Busch's shooting, as well as the truthfulness of their testimony, overturning the jury verdict, and ordering a new trial.