ALBUQUERQUE, N.M. (KRQE) – A district court judge has dismissed a lawsuit filed against the City of Albuquerque over the death of 10-year-old Victoria Martens. Her grandparents filed a lawsuit, claiming the Albuquerque Police Department failed to investigate a tip saying a boyfriend of Victoria’s mother, Michelle Martens, tried to kiss her five months prior to her murder in 2016.
However, the city claims that there was no written notice of the claims, as required by the Tort Claims Act. Judge Denise Barela Shepard agreed and dismissed the case Monday.
The Martens’ family attorney issued the following statement:
The ruling is regarding the tort claim notice and the city is saying it wasn’t put on notice of the possibility of a lawsuit by martens’ prior counsel, even though that notice was clear. The City’s position is ludicrous given the very high profile nature of this case. It’s yet another attempt to duck and run from the serious violent crime issues which plague this city – instead of facing them head-on and coming to reasonable solutions and accountability. We will keep fighting. This administration needs to be held accountable by the voters for its failure to address these serious violent issues which never stop.