Image Credit: Memphis Police Department / Facebook
The Tennessee Conservative Staff-
A Tennessee Court of Appeals has ruled in favor of the City of Memphis in a civil trial brought by Alicia Franklin, the woman who had been previously victimized by Cleotha Abston who was later charged with the murder of Eliza Fletcher.
Franklin brought the suit against the city, claiming that law enforcement mishandled her case, failing to properly investigate her complaint of sexual assault by Abston.
The court heard arguments in Franklin’s case in February 2024 but just handed down their ruling more than a year later.
The following summary explains their decision:
“A crime victim filed a tort action against a city under the Governmental Tort Liability Act, alleging police misconduct. Arguing that it was immune from liability for the alleged misconduct, the city moved to dismiss the complaint. The trial court dismissed the complaint with prejudice.
We conclude that the city is immune from liability for the asserted negligence under the public duty doctrine and that the allegations in the complaint do not support application of the special duty exception. So we affirm the dismissal.”
Gary Smith, attorney for Franklin, said he plans to request that the Tennessee Supreme Court review the appellate court’s decision.
Abston was found guilty of aggravated rape, aggravated kidnapping and possession of a weapon in commission of a felony in April 2024. He was sentenced to 80 years for his crimes against Franklin.
He later pleaded guilty to the kidnapping and death of Memphis teacher Eliza Fletcher. He accepted a plea deal and was sentenced to life in prison without parole for the murder charge. He also received 40 years kidnapping and 8 years for the weapons charge, all to be served concurrently. He would have faced the death penalty if the case had gone to trial.
