MEMPHIS, Tenn. — The woman who says she was sexually assaulted by the same man accused of kidnapping and killing Eliza Fletcher has filed a lawsuit against the City of Memphis, saying the city failed to properly investigate the 2021 case.
The city has also responded to the lawsuit, objecting to most of Franklin's claims made in the 25-page-long document.
"For them to say there’s 'nothing to see here — move along, there’s no connection,'" Franklin's attorney Gary Smith said. "There is absolutely a connection, and the fact that he is charged in both cases underlines that."
The results from the sexual assault kit Franklin took, linking Henderson to her case, were not entered into a national database until a few days after Fletcher’s body was found.
In the 25-page court filing, the city admits to some of the facts of Franklin's case — including that Franklin reported being raped on Sept. 21 of 2021.
Still, the city denies that Franklin ever told them that her attacker also went by the name "Cleo." It also objected to her claim that it should have gotten info about her attacker from a dating app.
The city said because Franklin told MPD that Henderson blocked her on the app, and that she could not remember his user information, investigators were kept from getting a warrant or a subpoena for the app to release any information.
Judge Mary L. Wagner will decide what happens next in the coming days.
"[Franklin] actually fled the state in fear of her life until he was arrested," Smith said. "And so she has direct damage because of that sense of guilt and responsibility she feels."
ABC 24 did reach out to the city and MPD for direct comment on their position but they say, as is protocol, they will not comment on pending litigation.