SEATTLE (AP) — A federal appeals court has ruled that a lawsuit against Washington state brought by the grandparents of Charlie and Braden Powell can proceed.
KSTU-TV reports the 9th U.S. Circuit Court of Appeals issued the ruling Thursday.
The court reversed a lower court’s decision dismissing Judy and Chuck Cox’s civil lawsuit against Washington state’s Department of Social and Health Services over the 2012 deaths of Susan Cox Powell’s children.
Josh Powell is believed to have killed Susan Powell in Utah, in 2009, before moving to Washington, killing their young sons with a hatchet and then himself in an explosive house fire in Graham in 2012.
Charles and Judy Cox wrangled with Josh Powell over custody of the children. A state judge allowed Powell to have supervised visits, and it was during a visit that he locked a social worker out and killed the children.