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City of Memphis files motion to dismiss rape lawsuit

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The dismissal motion from the city says the plaintiffs' injuries were past the one year statute of limitations. (Photo Source: WMC Action News 5 file) The dismissal motion from the city says the plaintiffs' injuries were past the one year statute of limitations. (Photo Source: WMC Action News 5 file)
MEMPHIS, TN -

(WMC) - City of Memphis filed a motion to dismiss a federal lawsuit filed by three rape victims of serial rapist Anthony Alliano.

The lawsuit was filed back in March by Meaghan Ybos, Madison Graves, and Rachel Johnson. The suit claims the city, county, and its agents failed to timely submit, responsibly handle, and make due diligence on the approximately backlogged 12,000 sexual assault kits.

The dismissal motion from the city says the plaintiffs' injuries were past the one year statute of limitations. It also says the rapes were not the injuries listed in the lawsuit.

Deputy City Attorney Regina Newman made the following statement:

"We vigorously researched the law before filing our motion to dismiss, and have presented that law to the court. When considered and applied by the court to the facts, it is our analysis, evaluation and estimation, that our motion should result in the dismissal of the lawsuit. The courts and the law define what is allowed to be the basis of a suit against the government and we don't believe the suit filed by learned counsel in this case, satisfies those rules and requirements. Thus we feel that it should be dismissed."

Memphis officials say there was no delay by police in sending the three victims' unknown suspect DNA kits for testing. They also say testing delays were not a factor in police identifying Alliano as a serial rapist sooner.

Alliano's DNA was not in the system when the testing of the plaintiffs' rape kits happened. DNA from their kits, once they were in the system, matched each other, but did not match any suspect DNA.

DNA from Alliano was put into the system when he was arrested in May 2012. Once his DNA was in the system, matches began to be found to rape kits entered in the system, including those from the three plaintiffs.

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