OMAHA, Neb. (AP) — The Nebraska Supreme Court says a jury should decide whether a plainclothes deputy who had no visible badge or warrant was wrong to push his way into an elderly woman’s home and later throw her to the ground and handcuff her.

The court’s decision Friday revives the lawsuit of 81-year-old Marilyn Waldron against Lancaster County Sheriff’s Deputy James Roark.

Court records show Roark and another deputy were trying to serve a warrant when Roark pushed through the door as Waldron opened it. He said he was a deputy, but did not show a badge or warrant. He later tackled and handcuffed Waldron as she yelled at him to leave.

The high court says a jury might be swayed that Waldron thought Roark was simply claiming to be law enforcement.