Hey all, Happy Saturday. Have a blessed day!
Lawsuit updates:
- Khalil Cooke requested an extension to file an answer because he's allegedly looking for an attorney to represent him.
- Wenter Donovan was served on 1/5/2025 and must answer by 1/27/2025.
- A motion to dismiss the lawsuit was filed, as quoted below
FEDERAL DEFENDANTS’ MOTION TO DISMISS
COMES NOW the United States of America, on behalf of the Federal Bureau of
Investigation (“FBI”) and United States Department of State (“State Department”), hereinafter “Federal Defendants,” by and through Dena J. King, United States Attorney for the Western District of North Carolina, and moves to dismiss the Verified Amended Complaint (“Amended Complaint”) (Doc. 6) filed in this civil action for lack of subject-matter jurisdiction pursuant to Fed.R.Civ.P. 12 (b) (1) and for failure to state a claim upon which relief may be granted, pursuant to Fed.R.Civ.P. 12(b)(6). In support of this Motion the Federal Defendants provide a Memorandum of Law.
This 21st day of January, 2025.
Respectfully submitted,
DENA J. KING
UNITED STATES ATTORNEY
KEEP SHARING THIS PETITION AND ALSO THE UPDATES!
As of January 21, 2025, the Federal Defendants—the FBI and State Department—have filed a motion to dismiss the lawsuit brought by Sallamondra Robinson, representing the estate of her daughter, Shanquella Robinson, who tragically passed away in Mexico in 2022. This motion claims a lack of subject matter jurisdiction and failure to state a claim. Below is a detailed breakdown of the motion:
Key Arguments in the Motion to Dismiss
- Lack of Subject Matter Jurisdiction:
- Sovereign Immunity: The Federal Defendants argue they are immune from suit unless Congress explicitly waives immunity, which they assert is not applicable in this case.
- FTCA Discretionary Function Exception: The FBI's decisions about investigations and prosecutions are discretionary actions and therefore protected from civil liability under the Federal Tort Claims Act (FTCA)
Private Party Analogue: The defendants argue that no private party could be held liable under similar circumstances, as the alleged failures involve government functions (e.g., international investigations and extraditions) that have no comparable private-sector duty.
Failure to Exhaust Administrative Remedies:
- The plaintiff did not fulfill the FTCA's requirement to file and exhaust administrative claims with the relevant federal agencies before initiating the lawsuit.
A "Notice of Intent to Sue" was sent to the FBI, but it did not meet legal requirements to qualify as an FTCA claim.
No evidence exists that the plaintiff filed any administrative claim with the State Department.
FOIA Claims and Jurisdiction:
- The plaintiff’s FOIA claim, which seeks the release of FBI records, was initially filed in state court, which lacks jurisdiction over FOIA cases. The Federal Defendants argue that this procedural misstep invalidates the claim even after removal to federal court.
Foreign Country Exception:
- The defendants state that injuries allegedly resulting from actions in Mexico, such as delays affecting Shanquella’s autopsy and evidence collection, are excluded from the FTCA under the "foreign country" exception.
Failure to State a Claim:
- The plaintiff's claims of negligence fail to specify how the agencies violated any federal law or policy.
The FBI asserts it conducted an investigation, but the plaintiff disputes the adequacy and urgency of their actions, which the Defendants argue are not subject to judicial review.
In closing
The Robinson family seeks accountability for the alleged negligence and inaction that they believe obstructed justice for Shanquella’s death. The lawsuit also demands the release of FBI records to bring transparency to the case. Despite significant legal hurdles, the family remains committed to this fight.
https://www.youtube.com/watch?v=LUt7PEMWLis&ab_channel=TRUTHTELLERDANI%F0%9F%A4%BA%E2%9A%94%EF%B8%8F