PORT CHARLOTTE, Fla. - In October, Nathan Lee the husband of murdered North Port mom Denise Amber Lee, filed a wrongful death suit against the Charlotte County Sheriff's Office and the Sheriff.

The suit claims that the Sheriff's office mishandled a 9-1-1 call that had crucial information that could have led authorities to Denise and her abductor Michael King, before she was killed.

Today WINK News obtained a motion to dismiss that suit, on behalf of the Sheriff Bill Cameron.

In the motion, the sheriff's office says they have a general duty to protect the public and they did that in this case and should not be scrutinized or subject to lawsuits.

The motion also says: "Since there is no underlying statutory or common law duty of care for actions involving that system liability may be imposed only where a special relationship is created....A special relationship exists where the law enforcement agency acting through one of its employees makes assurances of some kind to an individual to provide law enforcement assistance uniquely responsive to that individual separate and apart from the public as a whole...Absent a special duty to protect a person from being victimized by a criminal act, a governmental agency's duty to protect a citizen is a general duty owed to the public at large, and any actions taken in fulfilling that responsibility will not be subject to scrutiny by way of a suit for damages."