Thomas Oliver v. Kristin Tavia Mihelic, Tiffany Louise Carroll, Louise Decarl Adler and United States of America
Published: Mar. 25, 2022 | Result Date: Feb. 8, 2022 | Filing Date: Oct. 22, 2021 |Case number: 3:21-cv-01807-LL-DEB Bench Decision – Dismissal
Judge
Court
USDC Southern District of California
Attorneys
Plaintiff
Defendant
George V. Manahan
(Office of the U.S. Attorney)
Facts
When plaintiff Thomas Oliver filed for Chapter 7 bankruptcy, those involved with his case included defendants Bankruptcy Court Judge Louise Adler, Acting Trustee Tiffany Carroll, and Trial Attorney Kristin Mihelic. Judge Adler had entered an order imposing terminating sanctions and entering default against Oliver. Oliver filed suit against defendants, alleging that defendants caused him injury through negligent or wrongful acts.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff Oliver contended that defendants caused him injury through their negligent or wrongful acts. His specific allegations included: perjury; violation of constitutional rights; falsified judicial and public records; falsified evidence; fraud; lost earning capacity; and intentional infliction of emotional distress.
DEFENDANTS' CONTENTIONS: Defendants contended that they were acting in the scope of their employment, Carroll for the Office of the United States Trustee and Judge Adler and Mihelic as employees of the courts invoking the Federal Tort Claims Act. At the heart of plaintiff's complaint is his dissatisfaction with the outcome of his bankruptcy court proceedings and the manner in which Judge Adler handled his case. Plaintiff's complaint lacks any specific alleged actions against defendants that support his contentions, with the majority of his allegations concerning the judicial process.
Result
The court granted the United States' Motion to Dismiss with prejudice.
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