Rivera v. Smith

Federal Tort Claim


Mother of Slain Correctional Officer Jose Rivera Files Federal Tort Claim against Administrators at USP Atwater/Federal Bureau of Prisons for the Wrongful Death of her Son

Mark Peacock, Esq. representing the family of Jose Rivera, announced the filing of a Federal Tort Claim against Harley Lappin (Director of US Federal Bureau of Prisons); Robert McFadden (Regional Director US Federal Bureau of Prisons); Dennis Smith (Warden UPS Atwater); SIS technician Ziragosa; Marie Orozco; Lt. Jesse Estrada; Associate Warden Bell; Associate Warden Shinn; Unit Secretary Drayton; Unit Manager Bowles. Terry Rivera, Jose Rivera’s mother, has filed her claim for their "deliberate indifference" which led to the death of her son, Officer Jose Rivera. On June 20, 2008, at USP Atwater in Atwater, California, Correctional Officer Jose Rivera was fatally stabbed by two apparently intoxicated inmates: Jose Sablan and James Guerrero (both serving life terms).

"This tragedy was avoidable. Officer Rivera faithfully served the people of the United States as a peace officer managing violent criminals and his life was unnecessarily cut short." said Mark Peacock attorney for Terry Rivera. "Why wasn’t a correctional officer working at a maximum security prison given anything to protect himself? A stab-resistant vest? Pepper spray? A Baton? Why were prisoners drunk? It’s time to get answers" added Peacock.

The claim contends that the defendants were responsible for multiple dangerous conditions at USP Atwater which existed at the time of the murder: e.g., misclassification/mishousing; inmates making & consuming alcohol (getting drunk); inmates choosing their own cells; inmates making weapons; inmates controlling prison environment; exploding inmate population; seriously undermanned work force; etc. The defendants acted with deliberate indifference by participating in the creation of these dangerous conditions and failing and refusing to protect Officer Rivera from them. “This was a totally unnecessary murder which could have been avoided. They dishonored the correctional staff, and this dishonor contributed to the death of Officer Rivera" said Peacock.

Mark Peacock, Esq.

5160 Campus Drive

Newport Beach, CA 92660

Tel: 949-660-7762

Fax: 949-660-7764

Email: mark@markpeacocklaw.com

Website: http://www.markpeacocklaw.com

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Reference Info:Pleadings | Federal, 9th Circuit, California | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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