PHOENIX, Ore. — Family members of the former Disney Mouseketeer, Dennis Day, tell NBC5 News they have decided to sue the City of Phoenix.
Over a year ago, Phoenix man Dennis Day disappeared without a trace.
His family tells us they didn’t even know he was missing until our news report.
Months later, police discovered a badly decomposed body they believe was Day’s inside his Phoenix home.
After Day went missing, police said they conducted multiple welfare checks at his home and found nothing.
According to the tort claim filed in October, Phoenix Police wore body cameras which recorded them walking on and over a pile of clothing that was later found covering Day.
That caused “multiple post-mortal skeletal fractures” to Day’s decaying body.
The claim seeks damages for numerous things, such as painful thoughts and feelings and months of not knowing what happened to their loved one.
In December, the City of Phoenix told NBC5 News they passed the claim on to their insurance carrier and were “leaving it up to them.” At that time, Dennis Day’s family said they were waiting to hear back from the city before taking further legal action.
On Wednesday, the family’s attorney, Erin E. Gould, says the lawsuit will move forward. She says the city claims Phoenix Police did nothing wrong in their investigation.
“Clearly we disagree with them and we have evidence that that’s not correct,” said Erin E. Gould, attorney at law. “And now the family has to continue kind of re-living the horrible trauma that they experienced a year ago.”
Day’s family sent NBC5 News this statement on Wednesday:
“[My family] stands behind everything that is stated in our tort claim and will see this case through to the very end. It is our hope that changes will be made to ensure no person or family within the jurisdiction of the PPD has to endure the pain and heartache that the neglect in this case has caused us.”
We are still waiting to hear back from the city.
The criminal case against the man charged in connection with Day’s death is moving forward.
Click here for the latest updates.
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