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Date: 10-04-2022
Case Style:
Case Number: 4:21-cv-00458
Judge: David C. Nye
Court: United States District Court for the District of Idaho (Ada County)
Plaintiff's Attorney:
Defendant's Attorney: Austin Orme Allen and Steven K Brown
Description: Boise, Idaho personal injury wrongful death lawyer represented Plaintiff's who sued Defendants on negligence theories claiming more than $75,000 in damages and/or injures as a direct result of the death of Colby James Bray, deceased.
Colby James Bray was a resident at the Juvenile Corrections Center-St. Anthony, a facility owned and operated by the IDJC in Fremont County, Idaho. On the morning of November 21, 2019, Colby Bray began feeling several symptoms of an illness. His condition quickly deteriorated, and on November 24, Colby Bray was taken to Madison Memorial hospital for further evaluation. His condition continued to worsen, and he passed away the next day.
Colby Bray's parents Jeffery and Michelle (the “Brays”), as his heirs and representatives of his estate, brought the instant lawsuit. They filed their complaint on November 24, 2021, a day before the two-year anniversary of Colby's death.[3] Notably, the Brays previously filed a Notice of Claim with the Secretary of State of Idaho on March 20, 2020. Dkt. 17-3, at 5. This Notice notified the Secretary of State that Bearnson & Caldwell
Colby Bray's parents Jeffery and Michelle (the “Brays”), as his heirs and representatives of his estate, brought the instant lawsuit. They filed their complaint on November 24, 2021, a day before the two-year anniversary of Colby's death.[3] Notably, the Brays filed a Notice of Claim with the Secretary of State of Idaho on March 20, 2020.
Outcome:
The Court HEREBY ORDERS:
1. IDJC's and Greene's First Motion to Dismiss (Dkt. 5) is DISMISSED AS MOOT.
2. IDJC's Second Motion to Dismiss (Dkt. 9) is DISMISSED AS MOOT.
3. IDJC's Third Motion to Dismiss (Dkt. 17) is DENIED.
4. Plaintiffs' Motion for Alternative Service (Dkt. 16) is DISMISSED AS MOOT.
5. Individual Defendants' Motion to Dismiss (Dkt. 19) is GRANTED.
6. Meacham's Motion to Dismiss (Dkt. 32) is GRANTED.
7. Plaintiffs' Motion for Enlargement of Time (Dkt. 21) is DISMISSED AS MOOT IN PART and DENIED IN PART.
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8. Individual Defendants' and IDJC's Renewed Motion to Dismiss (Dkt. 34) is DISMISSED AS MOOT.
9. The Renewed Motion to Dismiss filed by Shauna Kress (correct name “Shalaine Kress”), Lori Fulmer (correct name “Lori Ann Fullmer, and Terrisa Peterson (full name “Terrisa Lynn Peterson) (Dkt. 39) is DISMISSED AS MOOT.
10. The Renewed Motion to Dismiss filed by Skip Greene (correct name “Arthur D. Greene”) and Deborah Fulton (correct name “Deborah Lee Flitton”) (Dkt. 40) is DISMISSED AS MOOT.
11. The claims against Skip Greene (correct name “Arthur D. Greene”), Shauna Kress (correct name “Shalaine Kress”), Lori Fulmer (correct name “Lori Ann Fullmer”), Deborah Fulton (correct name “Deborah Lee Flitton”), Terrisa Peterson (full name “Terrisa Lynn Peterson”), and Kelly Meacham are DISMISSED WITHOUT PREJUDICE.
Bray v. Idaho Department of Juvenile Corr. (D. Idaho 2022)
Plaintiff's Experts:
Defendant's Experts:
Comments: