A federal judge has declined to throw out a lawsuit against the government filed by the family of an 11-year-old boy who was mauled to death by a black bear.

U.S. District Judge Dale Kimball ruled against the government's claim that federal agencies had immunity from being sued for negligence in the case.

Kimball noted that officials knew an aggressive bear had been present earlier in the day at the campsite where Sam Ives was attacked. A lawyer for Ives' family says that the U.S. Forest Service was required to take action and warn people.

The Pleasant Grove boy was camping with his family in June 2007 in American Fork Canyon when a black bear pulled him from his tent and killed him.