Dismiss Samantha Harer Family's Federal Lawsuit: Channahon

JOLIET, IL - The Joliet law firm of Mahoney, Silverman & Cross has filed an 11-page legal brief asking a federal judge to dismiss an October lawsuit filed by the parents of dead 911 dispatcher Samantha Harer. That lawsuit named the village of Channahon as one of the three co-defendants. Harer, 23, died on Feb. 13. Her boyfriend, Crest Hill Police Officer Felipe "Phil" Flores, claimed she shot herself in the head while he was inside of her Channahon apartment.

Back in February, Channahon's Chief of Police Shane Casey and Detective Andrew McClellan met with Kevin and Heather Harer the day after their daughter's death and told them it was their belief that the young woman employed at WESCOM had died of a self-inflicted gunshot wound.

Now, civil attorney Jim Murphy representing Channahon, argues that the lawsuit filed by Chicago Attorney Scott Kamin on behalf of the estate of Samantha Harer lacks substance to move forward against his client.

"According to the complaint, Channahon conspired with Crest Hill in claiming that Ms. Harer's death was a suicide," the lawyer from Mahoney, Silverman & Cross informed the U.S. District Court in Chicago.

"It is further alleged that Channahon and Crest Hill conspired in the investigation of Ms. Harer's death in that Flores and 'additional officers with Crest Hill's police department, and defendant Channahon's police officers disturbed and attempted to destroy the crime scene."

However, the lawyer for Channahon argues, "there is no specific allegation as to what, if anything, was destroyed or disturbed nor is there any allegation as to when the conspiracy was formed."

Attorney Murphy wants Channahon dismissed from the federal lawsuit immediately because the plaintiff's lawyer repeatedly has failed to state a specific claim, particularly in regard to the count accusing Channahon of engaging in a conspiracy.

"Count (Two) contains no allegation as to what right, privilege or immunity plaintiffs were deprived of by Channahon," Murphy argues.

"Since Channahon was not involved until after the death of Ms. Harer, the deprivation cannot be Ms. Harer's loss of life. There simply is no causal link alleged between her death and Channahon’s alleged investigation which occurred after her death."

Finally, the third claim is also hollow, failing to offer any specifics in terms of accusing Channahon's Police Department of violating Samantha Harer's due process rights, the law firm for Channahon informed the federal bench.

"Here, there is only a boilerplate allegation of failure to train without any factual allegations of other instances that show a widespread policy of failure to train," Murphy argues. "Accordingly, it fails to properly allege a failure to train upon which liability can be premised. The third alleged policy is promoting a code of silence. But, the complaint only contains mere conclusions of the type which have previously been found to be insufficient. There is no allegation of Channahon police officers engaging in a code of silence in other investigations, nor are there any allegations that individuals with policy-making authority were aware of prior instances of misconduct … For the foregoing reasons, the Village of Channahon requests that Counts II and III of the complaint be dismissed as they pertain to the Village of Channahon."

Meanwhile, attorney Scott Kamin, whose Chicago law firm is representing the plaintiffs Kevin and Heather Harer, is now about one-third of the way finished with his 90-day suspension of his law license, leveled through the Illinois Supreme Court.

His suspension took effect on Oct. 11, the day after he filed the lawsuit in this case. Kamin is also the criminal defense lawyer for the man charged with killing Chicago Police Commander Paul Bauer, who was shot six times including twice in the head. "I can't share defense strategy, but I believe he has a viable defense," Kamin told the Chicago Sun-Times earlier this year.

The top of his law firm's website declares in big capitalized letters, "IF THE POLICE WERE WRONG, CALL SCOTT."

RELATED: Samantha Harer Death Lawsuit Q&A

Main image of Samantha Harer furnished to Patch with permission to use