OMAHA, Neb. (AP) — The Attorney General’s office has asked a judge to dismiss a wrongful-death lawsuit filed by the estate of an Omaha boy strangled by his mother in 2009.

On Wednesday, the office asked a judge to grant a motion for summary judgment, which would effectively throw out the lawsuit against the state’s health and human services department.

The suit claims the agency failed in acting on repeated warnings from the 12-year-old boy’s mother and other family members about his welfare.

Douglas County judge Mark Ashford took the motion under advisement.

Authorities found Michael Belitz’s decomposed body in a bathtub of water and cat litter. His mother, Angela Manns, admitted to strangling him with a phone cord. She pleaded no contest to second-degree murder of her son.