City of Phoenix Wants Lawsuit Gone

By Brad Smith

PHOENIX, Ore. -- Phoenix and its police department are seeking to dismiss a potentially embarrassing lawsuit.

Two years ago, former actor and Mouseketeer Dennis Day disappeared without a trace shortly after his husband, Ernie Caswell, was placed under medical care. Lt. Jeff Price, Phoenix Police Dept., conducted a search of the residence and reported no evidence of a crime. According the Oregon State Police, Phoenix PD conducted two more searches -- the last on Aug. 8, 2018, after reports of a bad smell coming from the residence were made.

Nothing was found.

In April 2019, using a cadaver dog, Phoenix officers found a badly decomposed body inside the residence. The Jackson County Major Assault and Death Investigation Unit was activated and OSP became the lead investigating agency. The OSP reported that a medical examiner identified the body as Day.

Daniel Burda, a handyman who lived with Day and Caswell, was arrested on July 5, 2019. He was charged with manslaughter, criminally negligent homicide, abuse of a corpse and identity theft. He was found unfiot for trial due to alleged mental disorders and transferred to a state hospital. He was released from jail in early July, fitted with a GPS tracker and given orders staying away from Day's house. His next court appearance is set for Dec. 7.

Meantime, Day's family have taken legal action against the city, the PPD and Price himself. They claim (Price) “acted with negligence and bad faith in conducting an investigation into the disappearance of Dennis Day.”

The claim states in part, “… due to the City of Phoenix Police Department and Lieutenant Jeff Price’s negligence, neglect, and failure to conduct an investigation at even a minimum professional standard, Mr. Day’s body was found in April, 2019 and not identified until June, 2019. Worse, Lieutenant Jeff Price made statements that certain investigative tools were used in the Summer of 2018, such as cadaver sniffing dogs, which were knowingly false and further delayed the investigation. As a result, Dennis Day’s family members suffer irreparable harm in the form of emotional distress and mental anguish, invasion of privacy, and costs associated with their attempts to solve the case themselves and seek the help they ultimately needed in doing so.”

Phoenix's attorneys are seeking to dismiss the lawsuit, claiming -- among other reasons -- that they did nothing to impede any investigation conducted by the family. During the nine months that Phoenix officers did nothing, the family could have used that time to investigate things themselves.

According to court records, the Day family will dispute the city's motion to dismiss on Aug. 10.