VIRGINIA BEACH, Va.- The City of Virginia Beach has filed a motion to dismiss the family of Donovon Lynch's lawsuit. Lynch was the man who was fatally shot by a Virginia Beach officer on March 26 while multiple shootings were happening at the Oceanfront.
The city has filed a motion to dismiss the lawsuit that sought out $50 million and a trial by a jury.
The complaint filed by Donovon Lynch's family states that the officer who fatally shot Donovon Lynch, Officer Simmons, failed to attempt to stop or otherwise determine the identity of Mr. Lynch prior to firing his police-issued firearm. The complaint filed also mentions that the officer failed to turn on body worn camera.
Virginia Beach's motion states that the Lynch's family lawsuit "fails to allege facts to support a claim that the City maintained a policy, practice, or custom that would give rise to liability under 42 U.S.C. § 1983."
The city say's Lynch's family lawsuit fails to provide proof that Virginia Beach Police Department's training, instruction, or supervision is insufficient and that the family's claims were "generic."
The city's motion claims the family's complaint was too broad and therefore should be dismissed entirely.
Since the fatal shooting of Donovon Lynch, VBPD has set new measures in place including, making sure every sworn officer has a body camera. The cameras will start recording two minutes before they’re turned on, and officers will be required to activate them on the way to a call rather than waiting until they get to the scene.
Attorney Alex Spiro, the Lynch family's lawyer, provided News 3 with the following statement Tuesday:
In public, the city has just acknowledged its failings in maintaining proper bodycam protocol, and yet in the courthouse, they are attempting to avoid accountability for those same failings.
The Lynch family has continued to call for transparency as Virginia State Police leads the investigation into the police killing of Lynch.
