USCA4 Appeal: 22-1106 Doc: 48 Filed: 03/03/2023 Pg: 1 of 28 PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 22-1106 WILLIAM M. BULGER, Administrator of the Estate of James Bulger, Plaintiff - Appellant, v. HUGH HURWITZ, formerly John Doe 1 - ALL OF WHOM ARE EMPLOYEES OF THE FEDERAL BUREAU OF PRISONS; J. A. KELLER, formerly John Doe 3 - ALL OF WHOM ARE EMPLOYEES OF THE FEDERAL BUREAU OF PRISONS; ANGELA DUNBAR, formerly Jane Doe 4 - ALL OF WHOM ARE EMPLOYEES OF THE FEDERAL BUREAU OF PRISONS; R. C. CHEATHAM, formerly John Doe 5 - ALL OF WHOM ARE EMPLOYEES OF THE FEDERAL BUREAU OF PRISONS; CHARLES LOCKETT, formerly John Doe 6 - ALL OF WHOM ARE EMPLOYEES OF THE FEDERAL BUREAU OF PRISONS; JOSEPH COAKLEY, formerly John Doe 7 and 8 - ALL OF WHOM ARE EMPLOYEES OF THE FEDERAL BUREAU OF PRISONS; AMY RUIZ, formerly Jane Doe 9 - ALL OF WHOM ARE EMPLOYEES OF THE FEDERAL BUREAU OF PRISONS; JEFFREY SMITH, formerly John Doe 10 - ALL OF WHOM ARE EMPLOYEES OF THE FEDERAL BUREAU OF PRISONS; ALICE PISANESCHI, formerly Jane Doe 11 - ALL OF WHOM ARE EMPLOYEES OF THE FEDERAL BUREAU OF PRISONS; JEREMY SHIRK, formerly John Doe 12 - ALL OF WHOM ARE EMPLOYEES OF THE FEDERAL BUREAU OF PRISONS; ANTHONY MORI, formerly John Doe 13 - ALL OF WHOM ARE EMPLOYEES OF THE FEDERAL BUREAU OF PRISONS; BRANDON BOLEDOVIC, formerly John Doe 14 - ALL OF WHOM ARE EMPLOYEES OF THE FEDERAL BUREAU OF PRISONS; JOHN/JANE DOE 2, ALL OF WHOM ARE EMPLOYEES OF THE FEDERAL BUREAU OF PRISONS; JOHN/JANE DOES 15-30, ALL OF WHOM ARE EMPLOYEES OF THE FEDERAL BUREAU OF PRISONS; UNITED STATES OF AMERICA, Defendants - Appellees. USCA4 Appeal: 22-1106 Doc: 48 Filed: 03/03/2023 Pg: 2 of 28 Appeal from the United States District Court for the Northern District of West Virginia, at Martinsburg. John Preston Bailey, District Judge. (3:20-cv-00206-JPB-RWT) Argued: January 26, 2023 Decided: March 3, 2023 Before DIAZ and THACKER, Circuit Judges, and Catherine C. EAGLES, United States District Judge for the Middle District of North Carolina, sitting by designation. Affirmed by published opinion. Judge Thacker wrote the opinion, in which Judge Diaz and Judge Eagles joined. ARGUED: Jay T. McCamic, MCCAMIC LAW FIRM, PLLC, Wheeling, West Virginia, for Appellant. Martin V. Totaro, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees. ON BRIEF: Anthony I. Werner, JOHN & WERNER LAW OFFICES, PLLC, Wheeling, West Virginia; L. Dante’ DiTrapano, Sean B. Shriver, CALWELL LUCE DITRAPANO PLLC, Charleston, West Virginia, for Appellant. Brian M. Boynton, Principal Deputy Assistant Attorney General, Mark B. Stern, Civil Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; William Ihlenfeld, United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Wheeling, West Virginia, for Appellees. 2 USCA4 Appeal: 22-1106 Doc: 48 Filed: 03/03/2023 Pg: 3 of 28 THACKER, Circuit Judge: William Bulger, on behalf of the Estate of former federal inmate James “Whitey” Bulger (“Bulger”), brought suit against the United States …
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