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John E. Davis, Administrator of the Estate of Debra Davis v. United States of America

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Before Boudin, Howard and Thompson, Circuit Judges.

The United States appeals from a judgment awarding damages to the families and estates of two women, Deborah Hussey and Debra Davis, killed by James Bulger and Stephen Flemmi in the 1980s. Litif v. United States, 682 F. Supp. 2d 60 (D. Mass. 2010). It also appeals from an award of $10,000 in attorney fees in the Davis case as sanctions against the United States. Davis v. United States, 739 F. Supp. 2d 64 (D. Mass. 2010). The families and estates of the murder victims cross-appeal, seeking an increase in damages for the victims’ pain and suffering.

This appeal is one of a number of cases in this circuit in which families of victims murdered by members of a Boston organized crime gang have brought suit under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346(b)(1), 2401(b), 2671 et seq.*fn1 The suits have aimed to impose liability on the United States for the actions of Federal Bureau of Investigation (“FBI”) agents for protecting gang members who were also FBI informants. Unlike a number of such suits, the timeliness of the Hussey and Davis claims is not disputed.

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