MIAMI – A Miami-Dade County police officer will have to face a lawsuit alleging he shot up a car in a restaurant drive-thru to apprehend a suspect who wasn’t in it.

Three people thought they were picking up dinner in a drive-thru at Wings on Fire, at NW 66th St. and NW 22nd Ave. in Miami in December 2019. Instead, they had to fight off a man fleeing police who tried to enter their car, then speed off when Officer Juan Rodriguez started shooting at them.

On July 13, federal judge Rodolfo Ruiz II granted Miami-Dade County’s motion to dismiss two claims against it but denied Rodriguez’s attempt to toss an excessive force claim made against him.