Achievements & Results

Jay O’Brien Obtains Summary Judgment for Residential Reentry Facility Defendant

Jay O’Brien obtained summary judgment in Fulton County in favor of the owner/operators of a residential reentry facility, or halfway house, that provides services to inmates that are transitioning from a federal correctional facility back to society.  One of the residents absconded from the facility two weeks after his placement by the United States Probation Office.  The resident was later involved in a failed kidnap for ransom scheme that ended with two victims being executed, one of which was seven months pregnant.  Wrongful death and estate claims were asserted on behalf of one of the deceased.  Plaintiffs alleged that the Defendants were negligent in that they failed to supervise the resident, failed to monitor his location and movement, and failed to prevent him from “escaping” from the facility.  Plaintiffs also alleged punitive damages.  Defendants argued (1) they did not owe a duty to the victim; and (2) Plaintiffs failed to establish proximate cause because the intervening criminal act was not foreseeable.  The Court agreed and granted the Defendants’ motion.

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