PAPILLION, Neb. (KMTV) — Ryan Larsen has been missing since May 17, 2021. Now, his mom, Tammi Larsen, is asking a court to declare Ryan dead.
Her lawyers, Sean Conway and Michael Duffy, said during a Tuesday hearing on the matter that such a moveis necessary to pursue a lawsuitagainst Papillion La Vista Community Schools. Duffy said a declaration of Ryan's death would not impact the work of law enforcement.
"Tammi Larsen and the whole Larsen family need closure. Almost two years ago, the Papillion La Vista school district allowed Ryan Larsen, who's an 11-year-old (at the time) special needs boy who has a propensity to wander, to simply walk out the front doors of his elementary school in the middle of the school day," Conway said to a group of media after the hearing. "And he hasn't been seen since. Law enforcement has done its very best to find Ryan over the last 21 months and that hasn't happened."
Judge Patricia Freeman did not make a decision Tuesday. Cameras were not allowed in the courtroom. Tammi sat at a table with Conway and Duffy, and two of Ryan's sisters were in attendance as well.
Tammi's lawyers said they believe a two-year statute of limitations window is closing soon in seeking a lawsuit against the district, which is why they are making this move now.
The lawyers made the argument that although Nebraska state law says a person missing for five years is presumed dead, courts have issued death certificates earlier than that when known circumstances appear grim. They cited a 2019 case of a Nebraska individual declared dead after being swept up by widespread flooding that year, but whose body had not been located.
Conway and Duffy made the case that for any 11-year-old, being by themselves would be dangerous, but especially for one like Ryan. Tammi testified that Ryan Larsen has autism, tourettes syndrome and ADHD. She also said he cannot swim or tread water (cadaver dogs hit on scents of Larsen at Walnut Creek Recreation Areaa few weeks after Ryan went missing).
When Tammi was called by her lawyers to testify, she said the school was aware of Larsen's needs, and they were documented by an individual educational plan.
The district gave this statement when news of a potential lawsuit first broke: "This is a tragic situation. Papillion La Vista Community Schools will continue to support Ryan's family, the staff and students of La Vista West Elementary and the community."
Conway was asked to respond to online criticism of Tammi's decision.
"I think it's very difficult for anybody who hasn't been in the Larsen family's shoes, who hasn't had to go through the daily experience of dealing with a loved one who's lost to be able to say that with any degree of authority," he said. "The Larsen family holds out hope that Ryan will be found. But this today was a necessary step for the Larsen family to hold the people accountable who were responsible for him walking away from the school in the middle of the day."
La Vista Police Chief Bob Lausten had been subpoenaed to testify. But Tammi's legal team dropped the subpoena after speaking with Lausten and after Lausten fought the subpoena. He said he would not testify on details of an ongoing investigation, pursuant to state law.
RELATED: Ryan Larsen's sister provides an update for the public
Download our apps today for all of our latest coverage.
Get the latest news and weather delivered straight to your inbox.
