Day 526

Attorneys file motion for partial dismissal in Moore civil suit

TS Attorneys representing the city, police department and individual officers filed a motion to dismiss portions of the wrong death and civil rights violation lawsuit brought by the son of Cheri Lyn Moore, who was killed by Eureka police during a standoff at her downtown apartment.

In the motion, scheduled for an October hearing, attorneys argue that the complaint fails to state a valid cause of action a portion of the defendants: Lt. Tony Zanotti, Lt. Todd Wilcox, Sgt. Lynne Soderberg, Officer Robert Mengal, Detective Ron Harpham, Officer Terence Liles and Officer Rodrigo Reyna-Sanchez.

Attorneys also argue that Moore's son, David Moore, “does not state a valid claim for general damages for pain and suffering.”

The suit also names former police Chief David Douglas, the city of Eureka, Officer Tim Jones, Officer Rocky Harpham and Sgt. Michael Johnson.

Moore's death in April 2006 was the first in a series of high-profile officer-involved shootings that left the Eureka Police Department and the community reeling.

She was killed when police stormed her apartment after a two-hour-plus standoff, during which she brandished a flare gun and threw various objects out of her second-story downtown apartment.

In the civil lawsuit, Moore's son alleges Douglas rushed the operation by not giving negotiators enough time to talk with her, refusing to move police out of her sight and refusing to allow a friend to speak with Moore.

”Chief Douglas worsened an already bad situation, pretended there was a grave threat when none existed, and needlessly caused the death of a woman who stricken by a mental health crisis reached out to the appropriate governmental agency in order to get help and medication,” the lawsuit states.

The causes of action cited were unreasonable seizure and deprivation of life, violation of constitutional rights due to a policy or practice, wrongful death, violation of California civil rights and negligence.