Lawrence
Lawrence v. United States
Opinion
Lead Opinion
Lay, J.
This appeal arises from a district court ruling in favor of two federal officers, filed as a Bivens claim, 1 involving allegations of *954 sexual abuse of Jessica Lawrence, a minor, by Fernando Bello, a/k/a Fernando Soler (“Bello”). Bello is a convicted felon who was a participant in the Federal Witness Security Program (“WitSec”). Bello was given a new identity, and placed in Boise, Idaho, after serving four years in a federal penitentiary following conviction for aggravated trafficking in cocaine. WitSec is supervised by the United States Marshals Service (“USMS”) and the United States Probation Office (“USPO”). USMS took control and custody of Bello after he was released from prison. The record indicates United States Marshal Matt Hanrahan was assigned to protect Bello. Inspector Hanrahan met Bello upon his arrival in Boise in March, 1994. The USPO record indicates an unexplained delay in USPO initiating supervision of Bello, and once Probation Officer Timothy Messuri became aware of Bello’s presence in the District of Idaho, he initiated supervision of Bello.
The sexual abuse took place while Lawrence was a resident at Challenge Group Home (“CGH”), a residential care facility…