Wrongful death lawsuit filed in 6-year-old Eli Hart's killing

Foster mother speaks out about death of Eli Hart

Eli Hart's foster mother tells FOX 9 there was repeated warnings that the boy, who was found dead last week, was in danger.

MINNEAPOLIS (FOX 9) - The father of 6-year-old Eli Hart has filed a wrongful death lawsuit related to his son's killing.

The lawsuit filed by Eli Hart's father, Tory Hart, named Dakota County and two Dakota County employees, Sherri Larson and Beth Dehner, and is seeking more than $75,000 in damages, court records show.

Eli Hart was found fatally shot in the trunk of the car his mother was driving in Mound on Friday, May 20, according to criminal charges. His mom, Julissa Angelica Genrich Thaler, 28, of Spring Park, has been charged with murder in his death.

Tory Hart had been fighting for custody of his son prior to his death. Tory Hart's fiancé, Josie Josephson, told FOX 9 the boy's mother struggled with drug addiction and mental health issues, and despite their repeated calls for help, his biological mom was recently awarded full custody.

"No matter how many cries we cried, they ignored us. No matter how many warning signs there were," said Josephson.

The lawsuit says Dakota County Social Services provided services to Eli Hart, with Tory Hart claiming the county and its employees were negligent.

RELATED: Eli Hart murder investigation: Police drove mom home before finding 6-year-old's body in trunk

Randolph holds memorial for Eli Hart

Randolph, a small town in Dakota County, is where 6-year-old Eli Hart felt great love, living there with a foster family for just under a year. It’s also the place where his father, Tory Hart, and Hart’s fiancé, Josie Josephson, made memories with Eli. The community held a memorial service for the boy.

The lawsuit alleges the damages Tory Hart sustained include: "Permanent and substantial pecuniary loss, the deprivation of advice, counsel, comfort, support and companionship of [redacted], his services, and the deprivation or such pecuniary benefits in the future as would have been occasioned by the continued life of [redacted], and have incurred expenses of his funeral and burial all to their damages in an amount in excess of $50,000."

This lawsuit, which was filed Aug. 18, has been moved from district court to federal court.