The family of murder victim Shannon Schieber will be allowed to proceed with a lawsuit against the City of Philadelphia, a federal judge ruled last week.
Schieber, a Wharton doctoral student, was strangled in her downtown apartment by the so-called "Center City rapist" in 199'.
The Schiebers claim that police inaction and the "downgrading" of previous sex crimes helped pave the way for their daughter's murder.
Last week, U.S. District Judge Norma Shapiro struck down a city request to dismiss the case, and ruled that the Schiebers' lawyers had presented enough evidence for the lawsuit to go to trial.
"We're very pleased and are very anxious to go to trial," said Marc Fleischaker, one of two attorneys for the Schieber family.
According to Fleischaker, Schieber's parents, Sylvester and Vicki of Chevy Chase, Md., are satisfied. But the family remains frustrated with the whole process.
"They're frustrated that everything has taken a long time," Fleischaker said. "Hopefully it will cause some changes to be made in the city."
The Schiebers are seeking unspecified damages in their lawsuit, which contends that the Philadelphia Police Department was negligent when responding to a 911 call placed by their daughter's neighbor the night of the murder.
The lawsuit also alleges that the practice of downgrading crimes placed Schieber in jeopardy. An investigation conducted by The Philadelphia Inquirer found misclassification of sexual assaults and other felonies at the PPD.
DNA tests have confirmed that Schieber's killer assaulted four other women before Schieber's death. The first two attacks were not classified as sex crimes.
"We've at least shown that it is a rational theory and obviously there are experts who would support it," Fleischaker said.
The city is still deciding whether or not to appeal Shapiro's decision to the U.S. Court of Appeals for the Third Circuit.
According to Fleischaker, if the city does not appeal, "the trial could be as soon as this summer or even the fall."
If the city does appeal, the trial would most likely not start until some time next year.
