An Atlanta-based appeals court has rejected the federal prison system’s eleventh-hour attempt to end a lawsuit brought by an inmate by giving him the safer facility assignment he has long sought.

The inmate claims he has suffered retaliation for helping with a federal investigation of a corrections officer he encountered while housed at the federal penitentiary in Atlanta. The government argued that his request for a court order ensuring he not be housed in a high-security federal facility was rendered moot when it moved him to a state facility.