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PHOENIX -- A judge has dismissed a civil lawsuit against the city of Phoenix filed by some of the victims' families in the Baseline Killer case.

Mark Goudeau was convicted in November 2011 of killing nine people in a crime spree that terrorized the Phoenix metropolitan area from August 2005 through June 2006.

He was given nine death sentences plus hundreds of years in prison for other convictions including kidnapping and rape. Almost all the victims were women who were sexually assaulted.

Police named the series of killings and other crimes after Baseline Road in south Phoenix where many of the earliest attacks happened. Goudeau lived only minutes away from many of the attack sites.

Chandler attorney Marc Victor filed the lawsuit on behalf of five people whose family members were killed by Goudeau, according to Phoenix TV station KPHO.

The suit claims eight of the nine murders could have been prevented if DNA evidence from a 2005 double sexual assault case linked Goudeau to the crimes and kept him in jail.

Victor said a delay in testing the DNA resulted in Goudeau being released, after which the murders were committed.

However, a Maricopa County Superior Court judge determined Wednesday that there wasn't sufficient evidence to move the lawsuit forward and all remaining issues were moot.

Victor said he's planning to appeal the judge's ruling.

The Phoenix Police Department issued a statement Thursday that their officers and investigators on the Goudeau case "worked diligently to identify, arrest and prosecute the person responsible for these horrific crimes."

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Information from: KPHO-TV, http://www.kpho.com/

Associated Press,

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