Dennis Day's family still considers lawsuit against Phoenix Police

MEDFORD, Ore. — With the criminal case moving forward, Dennis Day’s family is still taking steps to sue the city of Phoenix.

According to the tort claim filed in October, Day’s family feels Phoenix Police acted with “negligence and bad faith” in their investigation.

Police told us they conducted multiple welfare checks at Day’s home and found nothing.

According to the claim, Phoenix Police wore body cameras which recorded them walking on and over a pile of clothing that was later found to be covering Day.

That caused “multiple post-mortal skeletal fractures” to Day’s decaying body.

The claim seeks damages for things like painful thoughts and feelings and months of not knowing what happened to their loved one.

Dennis Day’s family tells us they have not filed a lawsuit just yet, but will if they are not satisfied by the city’s response.

City manager Aaron Prunty says the city of Phoenix has passed the claim on to its insurance carrier and will “leave it up to them.”