The same year Eric Garner died while being subdued by the New York City Police, protesting, “I can’t breathe,” a man died as he was restrained in Harris County Jail calling out the exact same words.

Both incidents set off wrongful-death cases filed on behalf of the victims’ families. But while New York City reached a settlement with Garner’s family for $5.9 million, the case of 38-year-old Kenneth Christopher Lucas is still wending its way through the court system four years after his death. Late last week, a judge decided Lucas’ family will get its wrongful-death case heard during a trial.