MONTGOMERY, Ala. - A lawsuit challenging Alabama's segregation of inmates with HIV is going to trial.

U.S. District Judge Myron Thompson issued an order Wednesday rejecting the state prison system's request to dismiss the suit on Wednesday. That means the trial will begin Sept. 17 in Montgomery.

Prison Commissioner Kim Thomas said the state won a similar case in 1999 and is prepared for trial on this one.

Margaret Winter of the ACLU's National Prison Project said the organization looks forward to bringing an end to Alabama's distinction of being one of two states that segregates the housing for prisoners with HIV. The other is South Carolina.

The suit was filed by eight inmates.