Former Mayor Richard M. Daley is one step closer to being deposed in connection with alleged torture by Chicago police. On Wednesday a Federal judge ruled for the second time that Daley can be sued over alleged police torture.

The former mayor was the Cook County state’s attorney back in the 1980s. That’s when Michael Tillman was arrested for murder. Tillman says police under former commander Jon Burge tortured him into confessing. He says they put a gun to his head, poured soda in his nose and choked him with a plastic bag.

Last year Tillman was exonerated after two decades in jail, and then sued several people he says were connected to the torture, ranging from individual officers to Daley.

In July, Judge Rebecca Pallmeyer ruled that Daley can be included in Tillman’s lawsuit in his capacity as mayor.

Daley’s lawyers appealed, but Wednesday the judge shot them down again. Tillman’s lawyers reportedly hope to question the former mayor as soon as next month.