COLUMBUS (AP) — The widow of a former Ohio State football star says police used excessive force arresting her late husband, and a federal appeals court is allowing her lawsuit to proceed.

Jim Stillwagon was a former Ohio State University captain and member of the 1968 national championship team who died earlier this year. Four years ago, he was acquitted of all criminal charges stemming from a September 2012 road rage incident in Delaware in central Ohio.

Stillwagon’s widow, Effie, says in a lawsuit that Delaware police altered facts and suppressed and destroyed evidence to pursue their investigation.

A judge ruled in favor of most of her claims, and the 6th U.S. Circuit Court of Appeals upheld that ruling Aug. 24.

Attorneys representing Delaware and the police department didn’t return messages seeking comment.