Attorneys ask for dismissal of rape kits lawsuit

Attorneys ask for dismissal of rape kits lawsuit
(SOURCE: WMC Action News 5)
(SOURCE: WMC Action News 5)

MEMPHIS, TN (WMC) - Memphis and Shelby County attorneys appeared in court on Tuesday regarding a lawsuit that claims the city and county failed to timely submit and responsibly handle more than 12,000 rape kits.

The attorneys argued the lawsuit should be dismissed.

Among those in Circuit Court on Tuesday was Meaghan Ybos, one of those rape survivors represented by those untested rape kits which languished for years.

"What we saw in court today was an indicator of the county's responsibility," says Ybos.

Daniel Lofton is one of the attorneys representing those rape survivors.

"We're saying the city was negligent and that it caused emotional distress," says Lofton."I don't think anyone in the city doubts they were negligent."

The city argued plaintiffs did not prove they were reckless and mishandled those kits. Lawyers for the county said they should not be held accountable for others' actions.

"The county has to submit, give clearance for the rape kit to be prosecuted," says Lofton. "That puts the county's hand on every single rape kit."

Lawyers for both the city and county declined to comment.

Judge Gina Higgins is expected to make a decision on the county and city's motions to dismiss within the next two to three weeks.

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