MEMPHIS, TENN (localmemphis.com) – New developments in the rape kit testing class action lawsuit against the City of Memphis. Kits that have been sitting untested for years.

The victims will be able to go forward against the City of Memphis. But not against Shelby County.

Judge Gina Higgins dismissed it entirely from the case.

“I want this city to be true and admit that they mistreated us we was mistreated there is a whole lot of us,” said Gwendolyn Tatum, a victim who is suing the City.

Emotions ran high after the Court’s ruling today to allow rape victims to go to trial against the City of Memphis for the backlog of untested rape kits.

The City is not immune. The plaintiffs can go forward.  This is what we waited on for a very long time, and the court is just saying they are not getting out of the case, ” said Daniel Lofton, an attorney who represents the victims.

” It’s been a nightmare, and I just want it over that’s all I wanted do is get it over because I have to keep reliving this,” said Tatum.

It may be years before the case is over.

The judge did dismiss Shelby County from the case, saying it did not have enough involvement in the backlog of rape kits to keep the county in as a defendant.

Lofton says he will file an interlocutory appeal of that ruling.