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Tag: lawsuit

Judge Tosses Lawsuit Calling for Exhumation of John Dillinger’s Body

Gangster John Dillinger, via FBI.

By Steve Neavling

ticklethewire.com

John Dillinger may continue to rest in peace.

A judge on Wednesday dismissed a lawsuit by the nephew of the 1930s American gangster, who sued for permission to exhume Dillinger’s gravesite in Indianapolis to determine if he’s actually buried there, the Associated Press reports.

Dillinger’s nephew, Mike Thompson, believes he may have evidence that his bank-robbing uncle was not fatally shot by the FBI at a theater in Chicago in 1934.

His plans were thwarted by Crown Hill Cemetery, which refused to give him permission to exhume the body.

Marion County Superior Court Judge Timothy Oakes dismissed the lawsuit, saying state law requires a cemetery’s consent to exhume a body.

“The limited question before the Court today is whether disinterment may occur under this section of the statute without cemetery approval. Court finds that the statutory requirements for this section of the statute are clear in that disinterment requires the cemetery owner to give consent before disinterment may occur,” Oakes wrote.

Indiana law, the judge added, “does not require that the cemetery have a valid, rational, or meaningful reason” for withholding its consent.

In the 1930s, then-FBI Director J. Edgar Hoover declared Dillinger as “Public Enemy No. 1” after his gang killed at least 10 people, robbed banks and even staged three jailbreaks.

The FBI has disputed claims that the FBI killed another man who was not Dillinger.

“A wealth of information supports Dillinger’s demise including 3 sets of fingerprints, all positively matched,” the FBI tweeted on Aug. 1.

Attorneys for the cemetery dismissed the nephew’s claims as “a decades-old conspiracy theory.”

One of the attorneys, Alice McKenzie Morical, said Wednesday that relatives identified Dillinger after he was fatally shot.

“His close family believed it was him and they wanted him in the family plot,” she said.

Black ATF Agent Settles Lawsuit Involving Supervisor with Nazi Tattoo

ATF Agent Bradford Devlin with a Nazi-themed tattoo, via U.S. District Court.

By Steve Neavling

ticklethewire.com

A black ATF supervisor will receive $450,000 to settle a lawsuit in which she claims the agency discriminated against her after she launched complaints about another supervisor with a Nazi-themed tattoo.

Cheryl Bishop, a senior supervisor agent in Seattle and former bomb-dog handler, alleged in the 2018 suit that the agency scuttled her appointment to a job at Washington D.C.’s headquarters after she blew the whistle on abusive behavior by Agent Bradford Devlin.

ATF settled the case before it was set to go to a seven-day trial this month.

In addition to the payout, Bishop will receive a private meeting with the agency’s director and get a ring commemorating her time as the first female member of ATF’s Special Response Team, the Seattle Times reports.

Devlin, who is now the senior supervisor in ATF’s Seattle Field Division, denied being abusive and says he got the Nazi tattoo while working undercover investigating an outlaw white-supremacist biker gang in Ohio.

Although the agency offered to pay for the removal of the tattoo, Devlin decided to keep it, calling it a “war trophy.”

“While I am grateful to put the lawsuit behind me, healing the emotional scars will take more time,” Bishop said in a prepared statement. “What happened to me should never happen to anyone, anywhere. Since harassment, discrimination, and retaliation are alive and well, I encourage anyone who encounters them to speak out — that’s the only way change happens.”

Honduran Woman Claims ICE Agent Raped Her for 7 Years, Impregnating Her 3 Times

Courtesy of ICE

By Steve Neavling

ticklethewire.com

A Honduran woman living in Connecticut has accused an ICE agent of repeteadly raping and impregnating her for seven years, threatening to deport her if she didn’t do what he said, according to a federal lawsuit.

The lawsuit alleges ICE Agent Wilfredo Rodriguez impregnated her three times and raped her up to four times a week.

“My only comment is that my client had a choice, cooperate with ICE or be deported with her family,” George Kramer, the woman’s lawyer, said in an email to the Associated Press. “She remains in a very fragile psychological state. She is not only seeking compensation for the physical and emotional damage she suffered but to change the way those who are cooperating with ICE are treated by those in a position of power and who often wield total control over the ability to remain in the United States.”

ICE declined to comment on the case but said Rodriguez no longer works at the agency.

According to the lawsuit, Rodriguez met the woman in 2006 and began demanding she become an informant to help deport undocumented immigrants.

A year later, she says, Rodriguez raped her at gunpoint. That was the beginning of seven years of sexual assault, the lawsuit states. During that period, she was impregnated three times and had an abortion each time.

According to the suit, she attempted suicide four times.

When Rodriguez left the agency, he warned her that “she and her family would pay” if she told authorities what happened.

She finally came forward last year when her husband applied for asylum. She confided in an agent, who suggested she consult an attorney.

ATF Supervisor with Nazi Tattoo Is Accused of Discriminating Against Black Agent

ATF Agent Bradford Devlin with a Nazi-themed tattoo, via U.S. District Court.

By Steve Neavling

ticklethewire.com

An African American ATF supervisor claims in a lawsuit that the agency discriminated against her after she launched complaints about another supervisor with a Nazi-themed tattoo.

A seven-day trial is set to begin Oct. 26.

Cheryl Bishop, a former bomb-dog handler, said the agency scuttled her appointment to a job at Washington D.C.’s headquarters after she blew the whistle on abusive behavior by Agent Bradford Devlin, The Seattle Times reports.

Now the senior supervisor in the ATF’s Seattle Field Division, Devlin denies being abusive and says he got the Nazi tattoo while working undercover investigating an outlaw white-supremacist biker gang in Ohio.

Although the agency offered to pay for the removal of the tattoo, Devlin has decided to keep it, calling it a “war trophy.”

Former FBI Agent Strzok Sues DOJ, Bureau over His Firing

Peter Strzok, via EPA.

By Steve Neavling

ticklethewire.com

Former FBI special agent Peter Strzok filed a lawsuit against the Justice Department and bureau on Tuesday, claiming he was fired because of “unrelenting pressure from President Trump and his political allies in Congress and the media.”

The suit claims Strzok’s termination was politically motivated and violated two constitutional amendments, The Hill reports.

According to the suit, Strzok was fired for expressing is First Amendment right to use political speech. In addition, Strzok’s attorney said the FBI denied him the right to appeal the firing, which “deprived” him of due process under the Fifth Amendment.

The suit also claims the defendants unlawful leaked information that led to his firing.

“The concerted public campaign to disparage and, ultimately, fire Special Agent Strzok was enabled by the defendants’ deliberate and unlawful disclosure to the media of texts, intended to be private, from an FBI systems of records, in violation of the Privacy Act,” according to the court documents.

Strzok was fired in August 2018.

FBI Training Academy Under Fire over ‘Disturbing’ Claims of Gender Discrimination

FBI academy, via FBI.

By Steve Neavling
ticklethewire.com

House Judiciary Committee leaders are requesting the Justice Department’s internal watchdog investigate the FBI’s training academy after 16 women accused the bureau of gender discrimination.

The women claimed in a lawsuit filed last month that they were disproportionately disciplined and were subjected to a male-biased review process and overt sexual discrimination at the academy in Quantico, Va.

Committee Chairman Jerrold Nadler, D-N.Y., and ranking Republican Douglas Collins, R-Ga., sent a letter to DOJ Inspector General Michael Horowitz, saying the allegations were “disturbing” and “require an investigation into the FBI’s training and selection practices for new agents,” The Washington Post reports.

“If true, such conduct cannot be tolerated,” the lawmakers wrote. “The selection process employed by the FBI must be free from discrimination on the basis of factors such as gender and race, and individuals hired to these important positions should reflect the diversity of our country.”

Horowitz’s office declined to comment.

According to the lawsuit, the women were discharged, but seven still work at the FBI in other capacities.

“Because of the FBI’s history of tolerating the Good Old Boy Network, the subjective evaluations by these male instructors result in female trainees being written up and subsequently dismissed at a rate significantly and disproportionately higher than their male counterparts,” the lawsuit alleges.

Black Secret Service Agent Claims He Was Detained, Held at Gunpoint Because of His Race

By Steve Neavling

ticklethewire.com

A now-retired Secret Service agent can proceed with his lawsuit claiming two U.S. Park Police officers arrested and held him at gunpoint because he is black, a federal judge ruled.

Nathaniel Hicks alleges in the suit that he was in his Secret Service-issued vehicle on the shoulder of a Maryland highway waiting to join Homeland Security Secretary Jeh Johnson’s motorcade when he was arrested by the Park Police officers in July 2015.

According to the suit, Park Police Officer Gerald L. Ferreyra approached Hicks’ vehicle, “drew his gun, pointed the weapons at Special Agent Hicks, and began screaming at him.”

Hicks said he explained what he was doing and showed his credentials to Ferreyra, who kept his gun pointed at the agent, whose car had a police antenna and a flashing bar.

The lawsuit alleges Ferreyra called for backup anyway, and Park Police Officer Brian Philips arrived. For more than an hour, according to the suit, the officers detained Hicks, and Ferreyra yelled and “spoke to him in a degrading manner.”

Meanwhile the motorcade passed, and one of the officers “mockingly waved his hand goodbye at the motorcade as it passed.”

After a supervisor arrived, Hicks was finally released but he was not able to reach the motorcade. According to the suit, Phillips then pulled over Hicks again and demanded his identification and car registration “despite just having had possession of these documents, and continued to talk to him in a demeaning and degrading tone with no possible justification.”

Hicks was eventually let go.

The officers, who dispute Hicks’ versions of events, asked a judge to dismiss the case against them, arguing immunity because they acted in a reasonably lawful way and did not violate Hicks’ rights.

Hicks’ attorneys disagree, saying the officers had “discriminatory motives,” partly based on their hostility toward Hicks.

“Based on upon the absence of probable cause, or even any reasonable suspicion to justify his prolonged seizure, it appears that Special Agent Hicks was singled out for unlawful treatment because of his race,” the complaint alleges.

In his deposition, Hicks described a tense encounter.

“When there is a gun pointed at you, regardless of what time it is, whether it’s night or day, you’re not going to forget that,” Hicks said. “In all my years of my position as a law enforcement officer, I never had that happen before.”

U.S. District Judge Paul Grimm declined to dismiss the suit this week, saying the officers did not have a good argument for failing to release Hicks before the motorcade arrived, NBC News reports.

“It is clearly established that detaining a person under these circumstances — when the officers had a reasonable suspicion that criminal activity was underway but, after some investigation, became aware that no criminal activity was happening at the scene — is a violation of the individual’s Fourth Amendment rights,” Grimm wrote.

Hicks, who retired shortly after filing the suit, is suing for compensatory and punitive damages, saying he suffered “significant embarrassment, humiliation, emotional distress, and the deprivation of his constitutional rights.”

“In addition to the manner in which defendants spoke to and treated him, it was particularly humiliating to be held on the side of the road as his colleagues passed by. That he was subjected to unlawful treatment because of his race compounds his emotional distress,” Hicks’ lawsuit said.

Supreme Court to Tackle Thorny Case of U.S.-Mexico Border Shooting

Border marker, via Border Patrol.

By Steve Neavling
ticklethewire.com

When Mexican teenagers are shot at the American border, can American families sue in U.S. courts?

The U.S. Supreme Court will try to answer that question, it announced Thursday in deciding to take a case involving a Border Patrol agent who was in Texas when he shot across the border and killed a 15-year-old boy in Mexico, The Associated Press reports.

The family of Sergio Adrián Hernández Güereca said the teenager was playing a game with friends when he was shot in the head by Agent Jesus Mesa Jr.

Mesa said he pulled the trigger because he was under attack by rock throwers.
The Supreme Court took the case in February 2017 but sent it back to a lower court for more proceedings.

At the time, the Trump administration argued the right to sue in U.S. courts “should not be extended to aliens injured abroad.”