AUSTIN, Texas -

A federal judge is allowing a lawsuit to proceed that alleges Austin police violated the constitutional rights of a man who was arrested repeatedly for recording officers as they made arrests.

U.S. Magistrate Judge Mark Lane ruled that 37-year-old Antonio Buehler had a right to photograph and videotape the officers. The Austin American-Statesman reports that Lane's order, filed Thursday, determined citizens can record officers in public places so long as they don't interfere.

Lane ruled that the city and its police department cannot escape liability for failing to establish a policy and for not training officers on how to proceed when they're recorded.

The judge rejected Buehler's claims of excessive force and malicious prosecution when arrested in 2012. He has been arrested on two other occasions while filming police.