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Is it too late to sue? Can I sue the FBI & Law Enforcement?

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PosTSD

New member
Location:
1) I was located in Florida at the time of the incident.
2) The incident occurred in Pennsylvania.

When: 2008 - 2013. It was a long, drawn out 6 year incident.

Who: Somerset Police, FBI, Mercyhurst University; Forensic Anthropology Department

What: My sisters skeletal remains were discovered 50 yards off the Pennsylvania Turnpike, behind a truck stop. She had been missing for 3 months. Her vehicle was found abandoned in Las Vegas in September 2008. She was last seen at a truck stop in Las Vegas looking for help, trying to find a ride back east. Her remains were discovered in December 2008 on the other side of the country. She was seen crossing Interstate 80 "Sometime in the last week of September, first week of October". During that time I spent every waking moment contacting jails, hospitals and speaking with law enforcement agencies. I did not have help because my sister and I were abandoned when I was age 16 and she was age 19. Even so, I contacted our birth mother to ask for help but her response was that she had problems of her own and did not want to be bothered. My sister and I considered each other our only family.

Why: I am paralyzed by complex PTSD and Severe Depression as a result of this. It took a couple of years before the full effects of everything that happened finally revealed it's ugly face, I don't even know where to start. There is so much wrong with this case. I believe receiving her cremated remains, unexpectedly, in the mail via USPS was the final straw that pushed me into my downward spiral. I never authorized anyone to cremate her. Our biological mother who had not been a part of our lives for 25 years gave the authorization in spite of our father, brother and myself advising the FBI that she was not "next of kin". My father, myself and brother all advised the FBI that I was my sisters next of kin and that our biological mother washed her hands of all things pertaining to us 25 years prior. The FBI's stance was based on their policy that the mother is always considered "next of kin" regardless of circumstances.

The reason this is such a conflict of interest is for the following reasons:

1) My sisters death was never adequately investigated. There was a disagreement between local Somerset law enforcement and the FBI regarding territorial responsibility and neither wanted that responsibility. The FBI said that because it happened in Somerset, it was the local polices case and the local police said that because it happened on a federal interstate it was their case. As a result my sisters remains were sent to Mercyhurst University; Forensic Anthropology Department where they stayed for 5 years. For FIVE years the local police officer who was in charge would give me bits and pieces and partial information over the phone and in e-mail but he claimed he wasn't allowed to speak to me.

2) While neither law enforcement agency wanted the case and deemed it the other agencies responsibility, I supplied them with my cheek swab, my sisters hair brush and was authorized to give them my permission to test the items for DNA, but since no one was assigned to the case my DNA and my sisters hair brush sat in storage for 5 years, untested. For some reason our biological mother would never authorize testing, at which point I contacted my father and brother who contacted both agencies advising them that our biological mother was not next of kin, had abandoned her children 25 years prior, and validated that they considered my sisters next of kin as me, her sister. Both law enforcement agencies ignored my families wishes and refused to acknowledge me. They used the situation as a way to discard my sisters case and kept explaining to me that the lack of DNA testing was because, "the lab is backed up with higher priority cases". The local officer who was in charge at the time her remains were discovered, insisted that the true reason was because neither agency was on the case. He said "Things like this don't happen around here. We aren't equipt to investigate it. The FBI wont test it because they don't want the responsibility, they're trying to pass it back to us." he said his agency did recognize me as "next of kin" but advised me that because the FBI does things "by the book, regardless of true relationship". I don't understand, if neither agency was assigned to the case, and each was pointing at the other, how can "next of kin" even be established?

3) The case was closed after 5 years with no investigation and with a cause of death of "unknown"...because finding skeletal remains 50 yards off a truck stop didn't raise any red flags apparently. For the record, my sister was an endangered adult, something our birth mother didn't even know.

4) Our birth mother never identified my sisters remains. I drove to the site and met with local officer who was "in charge" for the purpose of identification and was even allowed a 20 second glimpse of the photo's before the officer closed the binder and disallowed me to look further. He would not allow me to review the file. He said he didn't want this to be my last memories of my sister and he feared the images would be burned in my mind as my last memory of her. I was her next of kin. I wanted to know what happened to her but no one would give me any real information and I was not allowed to push for an investigation because one of the agencies didn't acknowledge me as "next of kin".

5) Hearsay from my cousin who was in contact with my biological mother stated that my sisters eyes, mandible and molars were extracted and shipped to different parts of the country but he could not tell me the reason for it. Our biological mother apparently knew the reason and since the FBI didn't consider me "next of kin" I never knew the reason.

6) While still waiting for DNA to be tested, the FBI gave my sisters bracelet to our biological mother, and this is how she was supposed to have identified her, even though she never saw the bracelet prior to that moment because it was given to my sister by my father 10 years AFTER our biological mother abandoned us. I never saw the bracelet or anything else that was in my sisters possession. To this day I don't even know if it was even my sisters remains!

7) 6 years after the fact, I got a knock on my front door. It was USPS delivering my sisters CREMATED remains. There was no death certificate, no cause of death and I am under the impression that what was given to me was a keepsake and not her full remains, the woman who "had her own problems to worry about" was given the bulk of my sisters remains and if there is a murderer on the loose he's never been caught.

I live in total darkness. I relive conversations over and over and over again. "Aww come on, she's not tied to a bed being raped and tortured for three weeks, that just doesn't happen"... "that was three years ago, get over it and move on"... we do things by the book"... "your mother has a victims advocate through the FBI"...

If my biological mother had a victims advocate (she declined the offer but I could surely have used one) that means there was a crime. One doesn't need a victims advocate when someone dies 50 yards off a truck stop of unknown causes.

I know I am coming forward very late. My state of mental health has been under attack and I'm not recovering. As times go by I do have good days but the fact is that I'm not able to move on because I have no closure. I have been abused and law enforcement have abused me, my sister and their position.

I would like to sue for her files, for the case to be reopened, for the case to be investigated and I want my closure. I also want mental health services, currently I'm being denied even though as a result of all of this I have lost everything. I was under so much distress at one point that I lost everything and went homeless for two years. I can't move on. I'm stuck in this never ending season of traumatic experiences.

I need help. Is it too late?
 


adjusterjack

Senior Member
Sorry, from a legal standpoint it's too late. Claims against government entities must be made in writing within short periods of time followed by a lawsuit, also within a short period of time if the initial claim is denied. Worse, law enforcement agencies likely have immunity against this type of claim.

You are free to consult an attorney in the Pittsburgh area and review your options though I doubt that there are any form a litigation standpoint.

You can hire a private investigator in the area to look into the case. He may be able to get access to the files.

But I think the best thing you can do for yourself (this won't be the first or the last time you get this suggestion) is get counseling so you can learn how to get through this and come out the other side.
 

Taxing Matters

Overtaxed Member
My condolences on the loss of your sister and for the difficulties the subsequent investigation, and the actions (and inaction) of various agencies have created for you.

However, unfortunately the law is not going to provide you much help in dealing with the problems you are experiencing. A couple of things to note:

1. You cannot successfully sue to force any law enforcement agency to reopen the case, investigate the case, or take any action regarding any suspect there might be in her death. Under the law law enforcement owes no duty to any individual person to investigate a crime to any particular standard. The duties of law enforcement are to society at large; what they do is largely a function of the political process, not the legal system. As a result, law enforcement agencies and prosecutors have a wide degree of discretion regarding what cases they will pursue. And I'll note that it is far from clear from your facts that law enforcement would have much to go on for an investigation. The unfortunate fact is that even many deaths that are known to be homicides are never solved. The FBI reports that approximately 40% of homicides are never solved. And quite a few of the nation's homicides take place on or around the highways of this country. See the Mecury-News discussion of the FBI report if you want more details on that.

2. You may ask for copies of records that the FBI has on the matter under the federal Freedom of Information Act (FOIA), but expect to get a response that withholds or redacts a lot of information. To get any documents wrongfully withheld from disclosure you would need to sue in federal district court, which can be a long and expensive process. Understand that the FOIA allows for withholding certain law enforcement records, and thus you won't get any records that fall into those exceptions. You may also seek records of the Pennsylvania law enforcement agencies under the PA Right to Know Act, which is that state's open records law. But similar issues will be faced seeking those records, too. That is not to say that you shouldn't try, but rather to caution you that you may not get all that you want from the requests and that even getting some of it may be a difficult process.

3. The assertion of the local law enforcement agency that because the death occurred on or near the PA turnpike, which is an interstate highway, it is a federal law enforcement matter is clearly wrong. Interstate highways, while built in part with federal funds and to federal standards are nonetheless state roads. They are not federal property and thus murders that occur on an interstate highway do not automatically become federal crimes. Something else would be needed to make the crime a federal offense. So it may well be that the FBI has no jurisdiction to investigate this.

4. It is not clear which agency released the remains for cremation. However, it is generally true that when a person dies without a spouse or children that their parents, rather than their siblings, are considered next of kin and thus are the ones to make the decision of what to do with the remains. So it may well be that your mother was the proper person, legally speaking, to make that choice.

5. It is almost certainly the case that it is too late to sue anyone for money damages out these events. In order to sue the federal government you must first file an administrative claim with the agency and that must be done within two years of the act which is the basis for your claim. Failure to timely submit the administrative claim bars your lawsuit. Even without that problem, the statute of limitations to file the lawsuit against the federal government is generally six years, and you are likely beyond that now. Under Pennsylvania law, the statute of limitations for most civil claims appears to be two years. For Florida, the applicable statute of limitations would appear to be four years. You may wish to consult a personal injury lawyer to see if you have anything to pursue. Many give free initial consultations. Just don't go into it with high hopes as you may find yourself disappointed.
 

cbg

I'm a Northern Girl
You have my sincerest sympathies on what happened. One of my best friends disappeared in May of 1975 and to this day has never been found, dead or alive.

Even at the time, we were not made aware of all the details of the investigation that was ongoing. The problem is that the nature of such investigations means that you cannot make the details public. A comparison; during the first Gulf War, I remember one of my co-workers complaining during one of "Stormin' Norman's" regular briefings, "He's not telling us anything about what he's doing!" and another one responding, "You don't think Saddam Hussein watches CNN?" It's the same thing. While you were family and not friend, like I was, I still suspect that more of an investigation went on than you were aware but they were keeping the details quiet so as not to tip off any suspects. Maybe not as much as you would have liked, but still more than you realized.

But even so, it's too late now to file a lawsuit even if a lawsuit would be successful. You'd need some kind of viable evidence that a deeper, or more extensive, investigation would unquestionably have provided a different result. And that's just not possible to guarantee.

I don't disagree that you should talk to a local lawyer. I don't think it will change anything, but it might give you some closure. I also truly think that for your own sake, you need to get into counseling.

I'm so, so sorry for your loss. That's a terrible thing.
 

not2cleverRed

Obvious Observer
TM has given you a more thorough explanation than I could hope to attempt, so I will only comment on the issue of ashes.

You may have the entirety of what remains of your sister. The cremains of an adult woman can be ~4 lbs. Cremains take up very little space. It is entirely possible, given that skeletal remains were all that were recovered, that not everything was recovered.

P.S. I'm sorry for your loss.
 

PosTSD

New member
Sorry, from a legal standpoint it's too late. Claims against government entities must be made in writing within short periods of time followed by a lawsuit, also within a short period of time if the initial claim is denied. Worse, law enforcement agencies likely have immunity against this type of claim.

You are free to consult an attorney in the Pittsburgh area and review your options though I doubt that there are any form a litigation standpoint.

You can hire a private investigator in the area to look into the case. He may be able to get access to the files.

But I think the best thing you can do for yourself (this won't be the first or the last time you get this suggestion) is get counseling so you can learn how to get through this and come out the other side.
With all due respect, people who are 1 days work away from homelessness due to mental illness are not in a position to hire anyone, not a private investigator and not a counselor. I also know that the FBI is fully aware of the condition they've left me in because I've discussed it with them and after the fact was told that since I am not next of kin they can't assign me an advocate but if I need anything I can always call.... which makes NO sense. They know they did the wrong thing by me and admit that they've abused me yet they go home to their happy lives after destroying mine because I'm a disposable piece of shit whose life has no meaning.

At one point I had an emotional breakdown in the middle of the road, right in front of an FBI agent who was looking for a reason to have me arrested as opposed to calling mental health services to assist me in my crises. I had an old license plate in the back of my car after selling my old car and he was more concerned about the license plate than for my personal safety. I had no arrest record, I had no warrants yet he was treating me like a criminal. I have since been arrested from spending my days in the bottom of a bottle, drowning in pain.

I understand your response is coming from a good place but I'm not able to appreciate that place at this moment.
 
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quincy

Senior Member
With all due respect, people who are 1 days work away from homelessness due to mental illness are not in a position to hire anyone, not a private investigator and not a counselor. I also know that the FBI is fully aware of the condition they've left me in because I've discussed it with them and after the fact was told that since I am not next of kin they can't assign me an advocate but if I need anything I can always call.... which makes NO sense. They know they did the wrong thing by me and admit that they've abused me yet they go home to their happy lives after destroying mine because I'm a disposable piece of [xxx] whose life has no meaning.
Unfortunately, it does not appear that you have any legal recourse, for the reasons already outlined.

I am sorry for the loss of your sister.
 

Ohiogal

Queen Bee
The only way you could be considered legally next of kin was if you had power of attorney for your sister and other legal documentation in which she named you next of kin. Legally, mom was next of kin.
 

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