Samantha Harer Lawsuit: Crest Hill Wins Dismissal

JOLIET, IL — When New York attorney Jennifer Bonjean filed her deprivation of civil rights lawsuit following the 2018 death of 911 dispatcher Samantha Harer, she named as lawsuit defendants Crest Hill police officer Phil Flores, the Channahon Police Department and the Crest Hill Police Department.

As of this week, only Flores remains as a defendant in the federal lawsuit thanks to a ruling by U.S. District Judge Robert Gettleman. Last summer, Patch reported that the village of Channahon was successful in its effort to become removed from civil liability in the federal lawsuit.

Now, the city of Crest Hill has been removed as a co-defendant as well.

"Plaintiffs Heather and Kevin Harer bring a second amended complaint alleging that their daughter, Samantha Harer, was killed by her boyfriend, Felipe “Phil” Flores. Flores was a police officer for the Town of Crest Hill," this week's court ruling indicated. "He allegedly shot Samantha to death in her apartment in the Town of Channahon, and Channahon police officers allegedly covered up the shooting as a suicide. Plaintiffs sued several defendants, with only one count brought against Crest Hill ..."

"The second amended complaint’s allegations stem from purely private conduct, and Crest Hill 'does not have a due-process duty to protect against acts of private violence.” Consequently, plaintiffs have failed to state a claim upon which relief can be granted, and Count I is dismissed," Judge Gettleman concluded. "Defendant Crest Hill’s motion to reconsider granted, and Count I is dismissed."

Meanwhile, the case against Flores, who resigned from the Crest Hill police in March 2019, continues to move forward in the pre-trial phase.