The family of Lawrence King, the gay student murdered last February in Oxnard, California, has been cleared to sue the foster home where he was living for wrongful death, reports the Ventura County Star.

Ventura County Superior Judge Henry Walsh ruled Monday that the lawsuit can move forward.

The lawsuit, filed in February by King's parents and brother, alleges Casa Pacifica and its personnel are responsible for the eighth-grader's death. They say counselors at the facility encouraged King to express his sexuality.

Brandon McInerney is charged with the death of King. McInerney was 14 last year when he shot King twice in the head during a morning English class. King survived the night, but died on Valentine's Day after being pronounced brain dead. Police arrested McInerney a few blocks from school.

Prosecutors have charged McInerney, who is being tried as an adult, with the first-degree murder of King and committing a hate crime. McInerney pleaded not guilty to the charges in August.

King's family says Casa Pacifica officials were negligent when they encouraged the boy to express his sexuality and placed him in danger.