Free Statement of Facts - District Court of Federal Claims - federal

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS EVA P. WHITE, as Administratrix ) of the Estate of CHRISTINE H. ) ROBERTS, ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. )

No. 05-1236C (Judge Baskir)

CONSOLIDATED STATEMENT OF UNCONTROVERTED FACTS Pursuant to paragraph 11 of the Court's December 8, 2005, Special Procedures Order, Plaintiff and Defendant respectfully submit the following Consolidated Statement Of Uncontroverted Facts: 1. Defendant: Sheriff Harold Ray Presley of the Lee County,

Mississippi Sheriff's Department was killed in the line of duty while chasing a suspect in the early morning hours of July 6, 2001. A.R. 18, 31. 2. Plaintiff: At the time of his death, Sheriff Presley was survived by

his mother, Christine H. Roberts, and his three children. A.R. 1-2, 10. 3. Plaintiff: On July 6, 2001, Janet Burroughs, an employee of the

Lee County Sheriff's Department, completed a Death Benefits Questionnaire and, in accordance with the instructions provided on

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the questionnaire, submitted the document to the Bureau of Justice Assistance ("BJA") Public Safety Officers' Benefits ("PSOB") Office. A.R. 1-3. 4. Plaintiff: On that questionnaire, Ms. Burroughs noted that Sheriff

Presley had three (3) surviving children: Patrick Ray Presley, age 29; Bradford E. Presley, age 27; and Jada Hardin Presley, age 22. A.R. 1, 2. 5. Plaintiff: Ms. Burroughs also indicated that Sheriff Presley's

mother, Christine H. Roberts, survived him. A.R. 2. 6. Plaintiff: On July 19, 2001, the PSOB Office sent a letter to

Ms. Burroughs, with a copy to Ms. Roberts, in response to the Death Benefits Questionnaire. That letter noted that two (2) claim forms "which must be submitted to this office to file a claim for benefits" were enclosed. A.R. 4-5. 7. Plaintiff: On September 7, 2001, Christine H. Roberts, Sheriff

Presley's mother, passed away. A.R. 126. 8. Plaintiff: On September 14, 2001, the PSOB Office learned of

Ms. Roberts' death. A.R. 32, 166.

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9.

Plaintiff: In a letter dated October 12, 2001, Eric Martin, Benefits

Specialist with the PSOB Office, informed Ms. Burroughs of Ms. Roberts' death and stated that "the only possible beneficiary . . . is Sheriff Presley's daughter, Jada Presley. . . . Ms. Presley's eligibility is dependent on whether she was enrolled in an educational program when her father died. If she was in school, the guidance letter of July 19 states what materials must be submitted to verify this." A.R. 8. 10. Plaintiff: Mr. Martin's letter went on to state that If Ms. Presley was not in school, then Christine Roberts, Sheriff Presley's surviving parent at the time of his death, would be the only other eligible beneficiary for PSOB benefits. However, we have learned that Mrs. Roberts has recently passed away. As a result, if Ms. Presley was not in school then there are no eligible beneficiaries and the claim will be closed. A.R. 8. 11. Defendant: On February 22, 2002, the PSOB Office closed Sheriff

Presley's claim file. A.R. 11. 12. Defendant: On July 2, 2002, Ms. Roberts' estate requested a

determination of Ms. Roberts' eligibility for a death benefits award. A.R. 12-14. -3-

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13.

Defendant: On July 26, 2002, the PSOB Office received the

following information from counsel for Ms. Roberts' estate: Report of Public Safety Officer's Death; Report of Death Investigation; Sheriff Presley's Death Certificate; and a Claim for Death Benefits signed by Patrick Ray Presley and identifying Sheriff Presley's three children as possible beneficiaries. A.R. 15-22, 32. 14. Plaintiff: On December 30, 2002, the PSOB Office issued a PSOB

claim determination denying the claim of Patrick Ray Presley, and stating why no benefit was payable to Ms. Roberts' estate. A.R. 31-33. 15. Defendant: On March 28, 2003, counsel for the estate requested

reconsideration of the PSOB Office's determination and requested a hearing. A.R. 37. 16. Defendant: On February 19, 2004, a hearing was held before a

PSOB hearing officer. A.R. 40-140. 17. Plaintiff: On March 18, 2004, the hearing officer denied death

benefits to Ms. Roberts' estate. A.R. 141-46. 18. Defendant: On September 21, 2004, counsel for the estate

requested review of the hearing officer's March 18, 2004 decision. A.R. 149-51. -4-

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19.

Plaintiff: On February 17, 2005, the BJA Director released a final

agency decision denying death benefits to Ms. Roberts' estate. A.R. 155, 161. 20. Plaintiff: It is from that final agency decision that Plaintiff

appeals. Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/Kathryn A. Bleecker KATHRYN A. BLEECKER Assistant Director s/William M. Beasley (by rmp, with permission) WILLIAM M. BEASLEY Phelps Dunbar, LLP Seventh Floor One Mississippi Plaza 201 South Spring Street Post Office Box 1220 Tupelo, MS 38802-1220 Tel: (662) 842-7907 Fax: (662) 842-3873

s/Allison Kidd-Miller ALLISON KIDD-MILLER Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor, 1100 L St. Washington, D.C. 20530 Tel: (202) 307-3050 Fax: (202) 307-0972

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Of Counsel: JASON P. COOLEY Attorney Advisor Office of the General Counsel Office of Justice Programs Department of Justice 810 7th Street, N.W. Washington, D.C. 20531 Attorney for Plaintiff September 15, 2006 Attorneys for Defendant

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CERTIFICATE OF SERVICE I certify under penalty of perjury that on this 15th day of September, 2006, a copy of the foregoing "CONSOLIDATED STATEMENT OF UNCONTROVERTED FACTS" was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system.

s/Allison Kidd-Miller