CHARLOTTESVILLE, Va. (WVIR) - Lawyers for the Virginia Department of Alcoholic Beverage Control (ABC) are still pushing to have a $3 million civil lawsuit thrown out of federal court.

University of Virginia student Martese Johnson is suing the ABC, its director, and the three agents involved in his bloody arrest outside a Charlottesville bar in March.

In a recent court filing, lawyers for the defendants say the facts are incomplete and less than candid.

A trial date has been set for October.

NBC29 legal analyst Lloyd Snook say this won't likely lead to a dismissal however, if lawyers can get certain claims dismissed it could simplify things.