The lawsuit was filed by Staff Sgt. Frank Wuterich, who is only person still facing charges in the Haditha case.
The Justice Department wanted the case dismissed because Murtha was acting in his official role when he made the comments on Capitol Hill in 2005.
A federal judge has ordered Murtha to give a deposition in the case. He's appealed the judge's ruling.
A second Marine has also filed suit against Murtha.
