INDIANAPOLIS (WISH) - The parents of Lauren Spierer have filed a lawsuit against three men seen with the IU student the night she went missing. The lawsuit has now gone to federal court.
The lawsuit, originally filed in Monroe Circuit Court on May 31, 2013, days before the two-year anniversary of Spierer's disappearance, was moved to federal court last week.
Robert and Charlene Spierer filed a complaint against Corey Rossman, Jason Rosenbaum and Michael Beth, which reads their actions resulted in the "disappearance, injury and death of Lauren Elizabeth Spierer."
The document, called a Notice of Removal, notes that the defendants and the Spierer Family are all from different states, called Diversity of Citizenship, which gives federal court jurisdiction.
There is also a question of damages that the Spierers suffered as a result of her disappearance. The Spierer's have not specified an amount of compensation they feel they deserve.
The suit reads, "in sum, because there is a complete diversity of citizenship" and "because Plaintiff is seeking damages as the result of Spierer's disappearance and presumed injuries and death it is facially apparent that the amount in controversy exceeds $75,000.00 and meets the jurisdictional minimum."
An Indianapolis lawyer who reviewed the document explained the significance of that figure. He said the complaint alleges damages are likely to exceed $75,000. He said, in diversity cases, the amount in dispute must be in excess of $75,000, that's why it's even mentioned in the complaint."
He also said when a complaint does not ask a specific amount the amount in controversy can be considered to be over $75,000."
The suit revisits events leading up to her disappearance in the early morning hours of June 3, 2011.
According to the suit, the allegations include that:
- Spierer attended a party at Rosenbaum's residence on the night of June 2 and "consumed alcohol supplied by Rosenbaum."
- She then left the party with Rossman and a mutual friend and went to Rossman's residence, which he shared with Beth.
- Beth "observed that Spierer was extremely intoxicated and witnessed Rossman encourage Spierer to join him at Kilroy's Sports Bar to consume more alcoholic beverages."
- At least one witness saw Spierer enter Kilroy's appearing "intoxicated, had trouble standing and relied on Rossman's assistance to walk."
- "Upon information and belief" at Kilroy's "Rossman purchased, provided, and helped Spierer consume multiple additional alcoholic beverages over the course of approximately one hour."
- After leaving Kilroy's and returning to Smallwood Plaza, where Spierer lived, she was "observed by multiple individuals in a distressed, incoherent and nonresponsive state near the elevator" with Rossman.
- After Rossman engaged in a confrontation with one of multiple individuals who confronted him for not assisting Spierer, "Rossman did not assist Spierer into her apartment" but was seen shortly after walking with Spierer "through an alley in the direction of his residence."
- Rossman was seen "carrying Spierer slung across his back less than a block from his residence."
- After returning to his residence, Michael Beth discovered Rossman and Spierer inside and "because of Spierer's disoriented and incapacitated condition, Beth was concerned for Spierer's well-being and safety and attempted to convince Spierer to sleep on his and Rossman's couch."
- Spierer asked to return to her apartment but "Beth escorted Spierer to Rosenbaum's residence."
- Rosenbaum, "expressing concern about Spierer's well-being attempted to contact mutual friends to pick Spierer up and take her back to her apartment."
- Beth returned to his residence after these efforts.
- After being unsuccessful with contacting others, Rosenbaum "allowed Spierer to leave his residence on her own and briefly witnessed her walking in the direction of 11th Street and College Avenue at approximately 4:30 a.m."
- According to the document, "Rosenbaum was the last known person with Spierer while she was alive."
The document goes on to say that after two years of searching, Spierer has never been located and is "presumed to have suffered injuries that resulted in her death."
The suit reads that "Spierer's abandonment in an intoxicated and disoriented state in the early morning hours of June 3, 2011 in an area known for criminal acts contributed to her disappearance, and presumed injuries and death."
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