City appealing ruling in class-action rape kit backlog suit
Attorneys for the City of Memphis are appealing the class-action status of a lawsuit against the city over its lack of testing of more than 12,000 rape kits.
There are 14 article(s) tagged rape kits:
Attorneys for the City of Memphis are appealing the class-action status of a lawsuit against the city over its lack of testing of more than 12,000 rape kits.
Franklin claims if police had properly investigated her September 2021 rape and had subsequently arrested Cleotha Henderson, the abduction and death of Eliza Fletcher in September 2022 could have been avoided.
The ruling will allow the plaintiffs to sue the city with a class-action status.
Barring some technicality in the law, there is nothing complicated about whether there is a link between Alicia Franklin’s rape and Eliza Fletcher’s murder.
Attorneys for the City of Memphis want a judge to dismiss rape victim Alicia Franklin’s lawsuit, contending MPD owed Alicia Franklin no duty to investigate to the extent she wanted.
In a legal twist in Memphis’ rape kit lawsuit, victims cite new evidence about DNA testing that could have been used to solve sexual assaults by strangers.
Following the murder of Eliza Fletcher, questions loom about MPD’s systems in investigating violent crime.
As rape survivors pursue a lawsuit accusing the Memphis Police Department of negligence, the city is asking a judge to exclude testimony of a former sex crimes detective who claims MPD failed to properly investigate numbers of cases.
An amended lawsuit contends Eliza Fletcher’s alleged killer avoided arrest for rape in 2021 despite implicating details that a second witness gave Memphis police days after the attack.
Memphis Mayor Jim Strickland says it’s too early to tell if there were police missteps in how they handled the violent crimes of the last three weeks because investigations are still underway.
In September 2021, a woman told police Cleotha Abston abducted and raped her at gunpoint, yet Abston remained free until he was arrested earlier this week for Eliza Fletcher’s murder.
The man accused in the death of Eliza Fletcher has also been charged with especially aggravated kidnapping, aggravated rape and illegal possession of a firearm after results from a rape kit submitted in 2021 linked him to that crime.
Attorneys for rape victims suing the City of Memphis presented new allegations contending that kits were indeed destroyed.
Some states require police to keep DNA evidence until the person convicted dies. But in Tennessee, it can be destroyed after a conviction is rendered, leaving no way for many cases to be revisited.
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