Free Notice (Other) - District Court of Connecticut - Connecticut

Case 3:03-cv-01027-JBA

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

AGNES KOLE, Plaintiff, v. WARDEN KUMA DEBOO, ET AL., Defendants.

: : CIVIL NO. 3:03CV1027(WWE) : : : February 19, 2004

NOTICE OF SUBSTITUTION PLEASE TAKE NOTICE that pursuant to the Federal Employees Liability Reform and Tort Compensation Act of 1988, §§ 5, 6, Pub. L. No. 100-694, 102 Stat 4563 (1988) (commonly known as the "Westfall Act" or the "Liability Reform Act" and codified at 28 U.S.C. § 2679), the United States is hereby substituted for individual defendants Kuma J. Deboo,Warden, Federal Correctional Institution, Danbury, Connecticut; Mark Staiger, Counselor, Federal Correctional Institution, Danbury, Connecticut ; and Merry R. Wilner, Unit Manager, Federal Correctional Institution, Danbury, Connecticut; with respect to plaintiff's claims for relief arising under state law. In support of this substitution, the Government represents as follows: 1. Plaintiff alleges in the complaint that Warden Deboo upheld a decision by Counselor

Staiger and Unit Manager Wilner to take funds from Ms. Kole's commissary account. Plaintiff further alleges that Counselor Staiger and Unit Manager Wilner issued threats and coerced Ms. Kole. (Complaint, ¶ IV) 2. The Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-2680, as amended by

section 5 of the Westfall Act, provides that a suit against the United States shall be the exclusive

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remedy for persons with claims for damages resulting from negligent or wrongful acts or omissions of federal employees taken within the scope of their office or employment. See 28 U.S.C. § 2679(b)(1). 3. Section 6 of the Westfall Act provides that upon certification by the Attorney General

that a federal employee was acting within the scope of his or her office or employment at the time of the incident out of which a claim arises, any civil action arising out of the incident shall be deemed an action against the United States, and the United States shall be substituted as the sole defendant with respect to those claims. See 28 U.S.C. § 2679(d)(1). 4. Pursuant to the Attorney General's delegation of his certification authority, see

28 C.F.R. § 15.3(a), United States Attorney Kevin J. O'Connor, District of Connecticut, has certified that at the time of the conduct alleged in the complaint, Warden Deboo, Counselor Mark Staiger, and Unit Manager Merry R. Wilner were acting within the scope of their employment as employees of the United States. The Certification of Scope of Employment is attached hereto. FOR THE FOREGOING REASONS, the United States has been substituted by operation of law as the sole defendant with respect to plaintiff's claims for relief arising under state law. A proposed order reflecting the substitution of the United States and dismissing plaintiff's claims for relief arising under state law against Warden Deboo, Counselor Staiger and Unit Manager Wilner is also attached hereto.

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Respectfully submitted, Kevin J. O'Connor United States Attorney

Christine Sciarrino Assistant United States Attorney United States Attorney's Office P.O. Box 1824 New Haven, CT 06510 (203) 821-3700 Federal No. CT03393

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Certification This is to certify that a copy of the foregoing was mailed, postage prepaid, on this 19th day of February, 2004, to:

Agnes Kole Inmate # 18423-050 FCI Pembroke Station Danbury, Connecticut

06811

__________________________________ Christine Sciarrino

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT AGNES KOLE, Plaintiff, v. WARDEN KUMA DEBOO, ET AL., Defendants. : : CIVIL NO. 3:03CV1027(WWE) : : :

CERTIFICATION OF SCOPE OF EMPLOYMENT I, Kevin J. O'Connor, United States Attorney for the District of Connecticut, acting in accordance with the authority vested in me by 28 C.F.R. § 15.3(a), hereby certify pursuant to the provisions of 28 U.S.C. § 2679(d)(1) that Kuma J. Deboo, Mark Staiger and Merry R. Wilner were acting within the scope of their federal employment with regard to all conduct relating to the plaintiff, as alleged in the Complaint. Dated at New Haven, Connecticut, this ______ day of January, 2004.

____________________________________ KEVIN J. O'CONNOR UNITED STATES ATTORNEY DISTRICT OF CONNECTICUT

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT AGNES KOLE, Plaintiff, v. WARDEN KUMA DEBOO, ET AL., Defendants. : : CIVIL NO. 3:03CV1027(WWE) : : :

ORDER OF SUBSTITUTION The Court, having been appraised of the Attorney General's certification of scope of employment, through his designee, United States Attorney Kevin J. O'Connor, District of Connecticut, pursuant to section 6 of the Federal Employees Liability and Tort Compensation Act of 1988, Pub. L. No. 100-694, 102 Stat. 4563, as codified at 28 U.S.C. § 2679(d)(1), it is hereby ORDERED: The caption of this civil action shall be and hereby is amended to reflect the substitution of the United States as a party defendant; As the United States has been substituted by operation of law for the named individual defendant as to plaintiff's claims for relief arising under state law as against defendants Kuma J. Deboo, Mark Staiger and Merry R. Wilner are hereby DISMISSED.

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ORDERED at Bridgeport, Connecticut, this ______ day of __________________, 2004.

_______________________________________ HONORABLE WARREN W. EGINTON SENIOR UNITED STATES DISTRICT JUDGE