The family of a man who died in police custody is applying for the case to be heard in the European Court of Human Rights.
The former paratrooper died in 1998
Christopher Alder, 37, died at Queens Gardens police station, in Hull, in April 1998.
The former paratrooper had been arrested after he became abusive and aggressive at Hull Royal Infirmary.
An inquest ruled the father-of-two was unlawfully killed but the trial of five police officers charged with manslaughter collapsed last year.
The officers are to face an internal Humberside Police hearing following a recommendation from the Police Complaints Authority.
They will face a charge of neglect of duty but will not lose their jobs.
But Mr Alder's family believes his human rights were breached when he died in the custody suite.
Lawyers will use CCTV footage of Mr Alder on the floor to make the application to the European Court of Human Rights.
It could be up to five years before the case is heard.