Legal expert says lawsuit against Sheriff Rutherford is weak

The wives of David Curtis and Jefferey Kocab claim that had their husbands not questioned Morris about the bad checks, they may still be alive today.

"I think that's a bit of a reach," Attorney Dale Carson told Action News. 

He says the fact that Morris was in prison when those checks were written and that a records and ID clerk never took them out of the system is a valid argument.

"Obviously these officers died in the performance of their duties and it's just a real tragedy. But clearly the system needs to be routinely purged."

Friday, Jacksonville's Chief Deputy General Counsel released the following statement to Action News:

"The murder of these two Tampa police officers was undeniably tragic; however, it was not the fault of the Jacksonville Sheriff's Office, but was caused by a cold blooded killer who will hopefully face the justice he so deserves in the immediate future." -- Howard M. Maltz, City of Jacksonville Chief Deputy General Counsel

Action News asked Carson, bottom line, if these women have a solid case.

"I don't know that they have a case against the sheriff here in Duval County because it's, of course, the courts as well that controls what goes into this but you can't litigate the courts directly."

A statement at that time said that the employee exercised proper judgment and possibly prevented a wrongful arrest.  But JSO never commented on the fact that the warrants weren't taken out of the system. 

Tampa's Police Chief has said Morris is solely responsible for the deaths of the officers.

Morris faces the death penalty.