NEW HAVEN, Conn. (WTNH) — A judge has approved adding an unknown driver to the civil lawsuit in the case of a man paralyzed while in police custody.

Officer Oscar Diaz asked a judge last month to add “Jane Doe,” an unidentified driver, as an apportionment defendant, according to court documents.

Richard “Randy” Cox, 37, filed the lawsuit on Sept. 27 against Diaz, along with officers Betsy Segui, Ronald Pressley, Jocelyn Lavandier and Luis Rivera.

On June 19, Cox was in a police van following an arrest for a weapons charge when the vehicle slammed on its brakes, causing him to sustain a cervical spine injury. The van did not have seatbelts. His charges have since been dropped.

Diaz’s motion states that he was driving the van when another vehicle ran a stop sign, which caused him to brake in order to avoid hitting it. After almost crashing, the other vehicle went in reverse and drove away.

Under the motion, the unidentified driver would be added as a defendant to the lawsuit if police ever learn who she is.

The five officers have been charged with second-degree reckless endangerment and cruelty to persons. They have pleaded not guilty.