DHS Attorney Seeking To Move Lawsuit To Federal Court

OKLAHOMA CITY (AP) -- The lawyer for a state agency that is being sued by the father of a fatal child abuse victim seeks to move the lawsuit to federal court.<br/><br/>Oklahoma Department of Human Services

Tuesday, June 27th 2006, 6:09 am

By: News On 6

OKLAHOMA CITY (AP) -- The lawyer for a state agency that is being sued by the father of a fatal child abuse victim seeks to move the lawsuit to federal court.

Oklahoma Department of Human Services attorney Joseph Strealy filed the request on Friday in federal court in Oklahoma City.

In his request, Strealy states the federal court has original jurisdiction in the case, because Kelsey's father, Lance Briggs, claims state officials violated his 14th Amendment rights.

Briggs alleges that his 2-year-old daughter died October 11th because of a system wide failure to investigate her abuse.

Briggs' attorney, Derek Burch, says the process of trying the case will be faster in federal court.

Kelsey's stepfather, Michael Porter, is charged with first-degree murder in her death and her mother, Raye Dawn Smith, is charged with child neglect and enabling child abuse.