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Nixzmary's Grandmother To Sue City

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Apr 12, 2006 10:53 am US/Eastern

Nixzmary's Grandmother To Sue City

Maria Gonzalez Accuses ACS Of Gross Negligence

NEW YORK (AP) ― The grandmother of 7-year-old Nixzmary Brown, who was tortured and beaten to death, has filed a notice of claim signaling she intends to sue the city.

In papers filed Tuesday, Maria Gonzalez accused the city of "carelessness, recklessness, gross negligence, wanton disregard and willful misconduct" leading to the death of Nixzmary.

The girl was found dead at her Brooklyn home on Jan. 11. Her mother, Nixzaliz Santiago, told authorities she found her unconscious and called emergency services.

Investigators said there was evidence Nixzmary had been bound by her ankles to a chair, and police have said they suspect her stepfather, Cesar Rodriguez, delivered a fatal blow while dunking her in a bathtub as punishment. An autopsy found the girl had died from a blow to the head.

Rodriguez and Santiago have both pleaded not guilty in the girl's death.

City Law Department spokeswoman Kate O'Brien Ahlers confirmed receipt of the grandmother's notice.

"It obviously involves a very tragic circumstance, and we will evaluate the matter thoroughly," she said.

(© 2006 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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