by Structured Settlement Watchdog
Joseph E. Gargan, Jr., the convicted felon and former structured settlement broker and head of The Pension Company Inc. who purloined millions of dollars from United States government and a New York City area hospital settlements meant for plaintiffs, was granted compassionate release in September 2022 after being incarcerated less than 2 years. The United States Department of Justice announced June 15, 2020 that Gargan pleaded guilty to the embezzlement. Gargan was sentenced to 6 years in prison for his crimes.
Gargan Files Bivens Action, Seeks Millions in Damages
Concurrent with being granted compassionate release on September 23, 2022, Gargan filed a Bivens Action against several federal government officers and employees over his treatment while incarcerated and seeks millions. The 12 page handwritten complaint alleges denial of medical care and deliberate indifference in violation of the 8th Amendment to the United States Constitution and a violation of the Due Process clause of the 14th Amendment of the United States Constitution; and the torts of negligence and medical malpractice. See Gargan v Moser et al. 5:2022ct03354 US District Court for the Eastern District of North Carolina.
Gargan names the following parties
- Vicky Moser, warden of FCI Loretto, the Gargan's first stop in the the federal prison system
- Kim Swindel, medical director of FCI Loretto
- Donald Eppley, medical adminstartor of FCI Loretto
- Thomas Scarantino, warden of FMC Butner
- Martin Tindel, Medical Director of FMC Butner and
- Ron Allison,a contractor in oncology at FMC-Butner
Among the allegations in his Complaint, Gargan alleges that 6 days before he reported to prison at FCI-Loretto his personal physician noted that Gargan's prostate was enlarged, his PSA level was high and recommended a prostate biopsy ASAP. The biopsy was not performed until June 30, 2021, whereupon maligannt cancer was found in 11 out of 12 tissue samples, with a Gleason grade of 8 out of 10 indicating an aggressive cancer
Gargan also alleged deliberate indifference v regarding treatment of a lesion for 8 1/2 months that grew to a point that a shave biopsy was not possible, would require a large incision, general anthesia. possibly a skin graft and encompassed a nerve runnnig down the length of Gargan's leg
What is a Bivens Action?
Bivens claims, named after the Supreme Court case Bivens v. Six Unknown Named Agents, are like Section 1983 claims except they are brought against federal government officers and employees.Unlike with Section 1983 lawsuits, where local government agencies may be sued, a Bivens action may not be brought against any federal government agency. It is only used as a basis for lawsuits against individual officers or officials. A Bivens claim is limited to constitutional violations and typically may not use violations of federal statutes as a basis for recovery.
42 U.S. Code § 1983 - Civil action for deprivation of rights | U.S. Code | US Law | LII / Legal Information Institute (cornell.edu)
Comments and Trackback Policy