Kansas City, Mo. ? A federal appeals court has tossed out a $2 million judgment a jury awarded to a man who was shot by Kansas City police during a 1998 drug raid.

In its ruling Monday, the 8th U.S. Circuit Court of Appeals in St. Louis said police had a right to raid David Doran’s southern Kansas City home in August 1998 without knocking or announcing themselves.

Police were looking for a methamphetamine lab and shot Doran twice after he came out of his bedroom with a gun.

The appeals court did not side with Doran’s claim that he was shot as he tried to surrender. He said he was asleep when the raid began and he responded to the commotion.

His attorney, David Smith, said he plans to take the case to the U.S. Supreme Court. Smith said he was disappointed and hopes that the high court agrees with his client’s right to be safe and secure in his home.

In the 2002 verdict, police said Doran was shot only after he did not comply with two orders to “Get down!” Doran spent 16 days in the hospital and eventually lost his only functioning kidney before he sued the department.

The main issue before the appeals court was whether the officers were justified in conducting a “no-knock” search.

Narcotics officers raided Doran’s home after a report of a meth lab in the house. Police recovered small amount of marijuana and methamphetamine residue in six trash containers.