United States, 225 F.3d 78 (1st Cir. 2000), cert. denied sub nom.Flemmi v. United States, 531 U.S. 1170 (2001); McIntyre v. UnitedStates, 447 F. Supp. 2d 54 (D. Mass. 2006) (Lindsay, J.), aff’d,545 F.3d 27 (1st Cir. 2008); Limone v. United States, 497 F.Supp. 2d 143 (D. Mass. 2007) (Gertner, J), aff’d, Nos. 08-1327,08-1328, 579 F.3d 79 (1st Cir. 2009).
The Plaintiffs have also brought Bivens claims againstofficers John Morris and John Connolly. See Litif Compl. [02-11791, Doc. No. 1]; Davis Am. Compl. [02-11911 Doc. No. 8];Hussey Compl. [03-10087 Doc. No. 1]. The Hussey Complaint alsoincludes state law tort claims against Bulger and Flemmi. JohnMorris refused to appear at trial. John Connolly is currentlyserving a criminal sentence. See United States v. Connolly, No.99-10428 (D. Mass. Sept. 16, 2002). The FTCA portion of theaction was severed by Judge Lindsay before the case wasreassigned to this Court. See McIntyre v. United States, No. 01-10408 (D. Mass. May 23, 2006).The individual defendants are in default, save for Bulgerupon whom no adequate service has ever been perfected. Theseportions of the three actions are administratively closed. Theactions against Morris and Connolly may be reopened shouldfurther proceedings absolve the government. As Flemmi is indefault, the Court adjudicates him jointly and severally liablewith the government to the Estate of Deborah Hussey.2and likely last chapter, the families of Louis Litif, DebraDavis, and Deborah Hussey, seek recovery from the United Statesunder the Federal Tort Claims Act (the “FTCA”), 28 U.S.C. §§ 2671et seq.
Despite years of legal wrangling and an extensive factualrecord, at its core this is a very simple case. Federal Bureauof Investigation (“FBI”) agents actively protected a group ofmurderers from apprehension and prosecution in order to use themas informants against La Cosa Nostra. The agents did this over aspan of nearly twenty years, despite being on notice that theirinformants were killers and would, and indeed did, continue tomurder. Had a private person enabled physical harm in the waythat these agents did, he would be liable in tort under the lawsof the Commonwealth. Accordingly, the FTCA imposes liability onthe government for the actions of its agents.