University of Utah seeks dismissal of $56M suit over death

SALT LAKE CITY (AP) — The University of Utah has asked a judge to dismiss a lawsuit filed by the parents of a slain student.

This Aug. 21, 2018 photo, provided by the University of Utah, shows Lauren McCluskey, a member of the University of Utah cross country and track and field team. McCluskey, a University of Utah student was shot and killed on campus by a former boyfriend Melvin Rowland, who was found dead hours later inside a church Tuesday, Oct. 23, 2018, authorities said. (Steve C. Wilson/University of Utah via AP)

The family of Lauren McCluskey filed the $56 million suit against the university in June, saying the school hasn’t taken responsibility for the death of their daughter last October at the hands of her ex-boyfriend.

The complaint also names as defendants the then-chief of the university’s police department and others.

Lawyers for the university argue that McClusky’s family doesn’t have grounds to sue the school.

The motion to dismiss argues the school does not have substantial control over a person who isn’t affiliated with the university.

The Deseret News reports that an independent review panel has concluded that it was impossible to say whether McCluskey’s death could have been prevented.

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