We are OPEN during these trying times to make sure we can still support you in all your legal matters.

Please know you can call us to schedule appointments that will be conducted via teleconference or video-conference for any of your legal matters. Be well and stay safe.
Silvi, Fedele & Honschke Attorneys at Law, L.L.C.
Phone 732-504-3841 Toll Free 877-251-5491
En Espanol

Judge rules state had no special duty to protect murder victim

Many in Ocean County may view any civil action taken in conjunction with criminal proceedings as a way for victims of an alleged crime to punish its accused perpetrator even further. This line of thinking may be particularly in wrongful death cases that accompany murder charges. Yet oftentimes, the targets of such actions are not those who committed the crimes themselves, but rather third parties whose actions (or inactions) may have permitted them to do so. 

That was the claim made in the wrongful death lawsuit filed by the family of a college student in Ohio following her murder. The family alleged that the state department charged with monitoring the man who killed her was negligent in its duties. The young woman's killer had been released from prison only three months before the crime, yet incidents of him failing to charge the GPS ankle monitor he was mandated to wear and leaving his residential housing center had already been documented. It was discovered later that the man had committed a string of robberies in the days leading up to him abducting and ultimately killing the young woman. He has since been sentenced to life in prison for the crime. 

The family's lawsuit claims that state officials did not monitor the man's actions in real time as they should have, which enabled him to commit his crimes. Yet the state argued that it owed no special duty to protect the young woman specifically, a claim to which the judge hearing the case agreed. He ultimately dismissed the family's lawsuit. This dismissal, however, should not deter those who truly believe their loved ones died due to the negligence from taking action (if they so choose). Such action may no doubt be bolstered by enlisting the assistance of an experienced attorney. 

No Comments

Leave a comment
Comment Information
Email Us For A Response

Have A Legal Question?

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Our Office Locations

Toms River Office
189 Route 37 West
Suite 1
Toms River, NJ 08755

Toll Free: 877-251-5491
Phone: 732-504-3841
Toms River Law Office Map

Forked River Office
623 Lacey Road
Suite 3
Forked River, NJ 08731

Toll Free: 877-251-5491
Phone: 732-504-3841
Map & Directions

Bricktown Office
74 Brick Boulevard
Building 2, Suite 112, Unit 3
Bricktown, NJ 08723

Toll Free: 877-251-5491
Phone: 732-504-3841
Map & Directions