The parents of Bijan Ghaisar, the Fairfax County man shot and killed by two U.S. Park Police officers in 2017, have dismissed their lawsuit against the officers but are continuing their suit against the federal government.

Ghaisar, 25, was slain by Officers Alejandro Amaya and Lucas Vinyard as he slowly drove his Jeep Grand Cherokee away from them during a traffic stop on Nov. 17, 2017. His parents, James and Kelly Ghaisar, sued the officers in one case and the federal government, as the representative of the Park Police, in a second case, each with a separate cause of legal action.

The Ghaisars sued the government under the Federal Tort Claims Act, which bars any action by plaintiffs “against the employee of the government whose act or omission gave rise to the claim,” the two sides wrote in a joint motion. The motion was filed last week, and granted by U.S. District Judge Claude M. Hilton on the same day Hilton set a trial date of Nov. 16 in the case against the government.

Hilton is set to consider a motion by the government on Friday to delay the trial indefinitely until a decision is made by Fairfax prosecutors on whether to pursue criminal charges against Vinyard and Amaya. The two officers sat for depositions in the civil case earlier this month and refused to answer questions because of the specter of criminal charges.