(WKTV) - A federal judge has denied a motion by the city of Utica to dismiss a civil case regarding Utica Police Officer Joseph Longo, who in 2009 stabbed his estranged wife, Kristen Palumbo-Longo, and then himself, to death.
Attorneys arguing for and against the dismissal on Aug. 27 condensed 1,000 pages of testimony and background into a roughly 30-minute oral argument. U.S. District Court Judge David Hurd today released his decision.
"There is sufficient evidence in the record to establish issues of material fact for a jury regarding whether the defendants' response to Longo's escalating behavior increased the danger to Kristin and whether a municipal policy, custom and/or failure to train caused her death," said Judge Hurd in his decision.
The trial against the city and former Police Chief Daniel LaBella is set to begin Jan. 13.
Kristin Palumbo-Longo's family is seeking $100 million in damages.