California family pushes to continue lawsuit against Amarillo officers

Notes, flowers, stuffed animals and toys are being placed at the lake where 7-year-old Alexis Wartena was found dead on Wednesday, July 20. (ABC 7 Amarillo - Steven Graves)

The California parents of drowning victim Alexis Wartena, whose body was found in T-Anchor Lake in Amarillo last summer, are looking to move forward in a lawsuit against three Amarillo officers.

The plaintiffs, Michael Wartena and Michael Tiffany Stewart, asked the court on Wednesday for general discovery against the Amarillo Police Department and limited discovery against the defendants, Sergeant Thomas Callahan, Lieutenant Scott Chappell and Sergeant Chris Sheffield.

Previously, Chappell requested to have the case dismissed and the Wartenas filed to have his request denied on Monday.

READ MORE: Amarillo officers deny claims in civil rights lawsuit

According to court documents, the discovery would be to clarify claims that the officers seized them, their children and property during the search for their daughter Alexis. Also, to show that the officers stopped the Wartenas from being with their children and leaving the scene, prevented them from ending their interrogations and custodial detentions, as well as prove what information was available to them prior to the alleged constitutional violations. In addition, the Wartenas want to address the probable cause and suspicion facts that were stated in Chappell's motion to dismiss.

READ MORE: Federal civil rights lawsuit filed against Amarillo officers by parents of drowning victim

The Wartenas are suing the officers for violations of their civil rights and for physical and mental injuries. The original complaint was filed on the one year anniversary of Alexis' death.

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