Judge dismisses Schelling family lawsuit targeting Pueblo police

A lawsuit that was filed against the City of Pueblo and three of its police officers has been tossed out.

The lawsuit was filed by the parents of Kelsie Schelling. The then 22-year-old from Denver disappeared in Pueblo in 2013.

In the lawsuit, Laura Saxton and Doug Schelling alleged that Donthe Lucas killed Schelling and that the police department mishandled the case.

Lucas and several of his relatives were also named in the suit. Lucas has denied having a relationship with Kelsie Schelling.

The family’s attorney, Lonn Heymann, says they plan to refile their wrongful death suit against Donthe Lucas and the family members that were named in the original suit. “Kelsie Schelling’s parents are disappointed, but not entirely surprised. They understood that the federal civil rights law is not supportive of people challenging the police for failing to do their job. However, we believe there was a cause of action under these circumstances,” Heymann said.

In the October 27, 2015 report and recommendation on the motion to dismiss, United States Magistrate Judge Michael J Watanabe recommended that the portion of the suit that names the City of Pueblo and its officers be dismissed.

On February 26, 2016, United States District Judge Christine M. Arguello dismissed the suit in its entirety.

CLICK HERE to read recommendation.
CLICK HERE to read the ruling dismissing the suit