VIRGINIA BEACH, Va. — A federal judge in Norfolk ruled Tuesday that a wrongful death lawsuit against the City of Virginia Beach should be heard in state court, an attorney involved in the case confirmed to 13News Now.
The $50 million suit was filed in March by the estate of Deshayla Harris, who was shot and killed during a chaotic night at the Oceanfront in 2021.
Harris is one of two people who died that night. Donovon Lynch's family recently reached a $3 million dollar settlement with the City of Virginia Beach, after a VBPD police officer shot and killed him.
Her killer was never found, but the Harris family believes that police failed to protect the citizens that night after shots rang out. Family members said police never provided a ballistics report that could prove the fatal shot didn’t come from police.
On Tuesday, a judge dismissed two counts alleged in the lawsuit but left six others, including gross negligence for state court if Harris’s family chooses to file the suit there, according to the Harris estate attorney, former Virginia Lt. Gov. Justin Fairfax.
"Deshayla Harris’s case is one of the most unique and important civil rights cases in America today," Fairfax wrote in a statement to 13News Now. "Deshayla’s amazing life still matters tremendously. There is a special duty for everyone involved — and for the City of Virginia Beach, the Harris Family and history — to finally bring about justice, transparency and accountability, and we will continue our vigorous fight to achieve all three."