On Tuesday, Dec. 3, Dakota County reached a settlement of $2.25 million in the case regarding the wrongful death of Eli Hart. On May 20, 2022 6-year-old Eli Hart was murdered by his mother Julissa Thaler when she shot him up to nine times in her car.
The case, Hart v. County of Dakota et al, was filed by Tori Hart, father of Eli Hart on Aug. 22, 2022 in the US District Court for the District of Minnesota under Judge Michael J. Davis. The civil case sought punitive damages against Dakota County and three of its employees: Beth Dehner, Jennifer Streefland, and Sherri Larson in both official and individual capacities regarding the death of Eli Hart.
The case alleged “Defendants knew or should have known that Eli would not be safe in Thaler’s care but endorsed giving her sole custody over Eli in bad faith and in total failure to exercise due care.”
The case initially alleged five counts: negligence, gross negligence, wonton and willful negligence, violations of Minnesota’s Reporting and Maltreatment of Minors Act (RMMA), and conspiracy to deprive Eli Hart of his civil rights in violation 42 U.S.C. § 1983. The last two counts, violations of Minnesota’s RMMA and conspiracy to deprive Eli Hart of his civil rights in violation 42 U.S.C. § 1983 were dropped and Sherri Larson was dropped as a defendant both in individual and official capacity.
While Thaler was found guilty of first-degree murder and sentenced to imprisonment for life, “By the time of his murder, EKAH [Eli Hart] had been the subject of child protection proceedings in Dakota County for nearly a year and a half. Those child protection proceedings had included consideration of whether it was safe to return EKAH to his mother,” according to the case filing.
It is these child protection proceedings and the eventual return of Hart to his mother’s custody that form the basis of the case as a wrongful death lawsuit against the county and its three named employees.
In January 2021, Dakota County assumed “interim custody and legal responsibility” of EKAH, after a Minnesota state district court in Dakota County granted a Child in Need of Protection or Services (CHIPS) petition the county brought for EKAH, according to the case filing.
In August 2021, Dehner, a Dakota County Social Worker argued in the “that reuniting EKAH with Ms. Thaler would be unsafe and that the risk level for doing so was ‘high,’” according to the case filing. In October 2021 Streefland and Dehner intended to return Hart to his father, but later decided Hart would “would spend more time with both of his parents.”
After a December 2021 trial home visit of Hart with his mother, Hart was released into her care. In May 2022, he was shot to death.
Dakota County Board of Commissioners went into a closed session Tuesday morning to discuss legal strategy for the settlement before voting to approve the settlement. Of the $2.25 million settlement, roughly $1 million will go towards attorneys’ fees, costs and disbursements, with the family receiving the rest of the settlement.
Dakota County provided the Hastings Journal the following statement regarding the settlement:
“The murder of Eli Hart was a horrific tragedy. Our deepest condolences go out to his family and to all those affected by his death.
“The settlement is not an admission of wrongdoing, but it brings closure to a very emotional case for family, county staff and all involved.
“Dakota County remains firmly committed to the safety and wellbeing of our community’s children.”
The 501c3 nonprofit Eli Hart Foundation was established after Hart’s death. The foundation raised money for a new memorial playset at Surfside Park in Hart’s hometown of Mound, Minn. which opened earlier this year.
“After learning that Eli loved playgrounds and that Surfside Park needed a new playground, we decided to lead the effort to raise money for the Eli Hart Memorial Playground,” according to the Eli Hart Foundation’s website.
With the completion of the playset, the foundation moves to “focus to creating awareness and change for children suffering from domestic violence.”