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Attorneys go back and forth over rape kit class-action lawsuit

Those named victims in the proposed class action lawsuit said they’re stressed and are praying for justice.

MEMPHIS, Tenn. — Thursday morning began the final hearings in Janet Doe v. The City of Memphis, a case intended to determine if the city is liable for “inflicting emotional distress on rape victims by not testing over 12,000 DNA rape kits.”

Attorneys went over information in court arguing whether this case can be considered a class action lawsuit as the victims involved in the class have not yet had their class certified or denied by a judge. Those named victims in the proposed class action lawsuit said they’re stressed and are praying for justice.

“I’m hurt because I live in a city that disgraced me as a lady, as a citizen,” survivor Celia Reynolds said. “I have no justice.”

Debby Dalhoff is a survivor who said her rape kit was never tested and then it was destroyed.

“Extremely, extremely frustrating,” Dalhoff said. “If the city of Memphis thinks this has not pained us, they have no idea what we go through on a daily basis. Mine is 37 years later and here I stand.”

Plaintiff attorneys Daniel Lofton and Gary K. Smith claim the class meets all the rules needed to certify themselves into the lawsuit. However, city attorneys say they don’t meet the measures and motioned to throw out the class action lawsuit which would exclude both of Reynolds and Dalhoff, along with others, from any relief they could be entitled to.

The case is currently known as Janet Doe v. The City of Memphis as a protected person is the representative for the case – at least until the class is certified or denied. The main case consists of the plaintiffs requesting the court to decide that the city is liable ahead of trial because of evidence they say the city failed to properly test – in this case, properly testing would include both serology and DNA testing.

“Nobody has contacted me even when my kit was not tested, they did not call me or investigate or nothing,” Reynolds said.

City officials say there was not standard for testing rape kit evidence until 2016. Due to that reason, city attorneys claim the city is not at fault. However, on Friday, plaintiff attorneys Gary Smith and Daniel Lofton plan to ask the judge to rule that the city of Memphis is guilty.

“We’re asking the judge to rule as a matter of law that they are liable in this case, that they were guilty of what we have charged them with and if the class is certified and she rules in our favor on that motion for summary judgement, then it becomes a question of damages,” Smith said.

Both sides, as well as victims who choose to attend the hearings, will be back in court at 9:30 a.m. Friday.

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