United States First Circuit

In consolidated suits under the Federal Tort Claims Act brought by families of murder victims, seeking to impose liability on the United States for the actions of FBI agents for protecting gang members who were also FBI informants, the judgments of the district court are affirmed save as to sanctions, where: 1) the FBI agent's actions were the but-for and proximate cause of the victims' deaths; 2) loss of consortium is "other damage to the person" under Massachusetts statute; 3) the amount awarded for pain and suffering could not be said to be so low as to represent an abuse of discretion; 4) the government's assertion of a comparative negligence defense was not in itself improper, but might have been made with the intent to harass, so that remand was required.

Appellate Information

• Decided 01/20/2012
• Published 01/20/2012

Judges

• Boudin

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Thomas M. Bondy, Ann M. Donovan