VIRGINIA BEACH, Va. (WAVY) – The city of Virginia Beach has filed to dismiss a $50 million lawsuit by the family of Deshayla Harris.

Harris was killed by a stray bullet on March 26, 2021 after a violent night at the Oceanfront.

Donovon Lynch also lost his life that night.

Two-and-a-half months ago, Deshayla’s mother, Elisheba Harris, announced her plans to sue Virginia Beach for $50 million in the wrongful death of her daughter and for $350,000 in punitive damages.

The lawsuit alleges requests for a ballistics report were withheld and that the bullet that killed Deshayla may have come from a Virginia Beach police officer.

The city responded, saying there’s no evidence that an officer or an officer’s service weapon was involved. Monday’s motion to dismiss states the Harris family’s claims have no merit, that the family uses “John Doe” without specificity, stating “John Doe” may or may not be a police officer, that the family has brought claims with no factual basis and that the city is immune to several of the family’s allegations.

We reached out to Elisheba Harris for comment. We’re waiting on a response.

In a statement, Harris’ attorneys Justin Fairfax and Thomas Martin said:

“Deshayla Harris was killed on March 26, 2021 on the same night and near the same location on the Virginia Beach Oceanfront where a Virginia Beach Police Officer’s bullets killed Donovon Lynch.

For two agonizing years, Deshayla’s grieving mother and family repeatedly have been denied critically important information and answers by the Virginia Beach Police Department and the City of Virginia Beach about the circumstances of the gun violence and gross negligence that took Deshayla’s precious life.

Deshayla’s life still mattered and will always matter. No family in Virginia should ever have to live in the dark or be mistreated for years through such a tragedy.  We look forward to continuing to pursue answers and accountability in court for Deshayla’s killing.”

No one has been charged in connection to Harris’ death.