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Constitutional Law
Fraud
Perjury

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

Linda Lopez

Court

USDC Southern District of California


Attorneys

Plaintiff

Pro Per


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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