CANFIELD, Ohio (WKBN) – The lawsuit against the Canfield Police Department continues after a Mahoning County judge overruled a magistrate’s decision to dismiss the suit.

On Aug. 16, Mahoning County Court of Common Pleas Judge Anthony D’Apolito overruled Magistrate James Melone’s dismissal of former Canfield Schools superintendent Alex Geordan.

Judge D’Apolito ordered him to conduct another review, and both sides had a teleconference Tuesday afternoon, agreeing to go to trial with the magistrate presiding.

The next hearing will be at 9 a.m. Oct. 4, during which time the magistrate will determine whether or not the City of Canfield and its police chief have “sovereign immunity” as a defense against being sued.

Geordan filed the lawsuit against the police department and Chief Charles Colucci in July 2020 for statements made by Colucci in 2019 that Geordan was covering up illegal activities of students.

Geordan left his position as superintendent on Jan. 1, 2020, after claims that he downplayed a threat to a student.

Geordan sued after Colucci told City Council that an investigation of the threat by the Mahoning County Sheriff’s Office found he was not truthful and evasive.

Geordan alleged that Colucci was trying to force him out as superintendent in an effort to reduce the role of school officials in school-related disciplinary matters.

Gerry Ricciutti contributed to this report.