IN THE U.S. DISTRICT COURT 

NORTHERN DISTRICT OF FLORIDA 

TALLAHASSEE DIVISION 

BOBBIE BOLTON, 

 Plaintiff, 

vs. CASE NO. 4:03CV307-RH/WCS 

UNITED STATES OF AMERICA, and 

CORRECTIONS OFFICER JEFFREY LINTON, 

 Defendant. 

REPORT OF PARTIES' PLANNING MEETING AND 

ADDITIONAL MATTERS REQUIRED BY ORDER FOR PRETRIAL CONFERENCE

I. Pursuant to Fed.R.Civ.P. 26(f), a meeting was held on July 20, 2004, and was 

attended by: 

James V. Cook for the Plaintiff Bobbi Bolton 

Robert Stinson for Defendant United States of America 

Gary Printy for Defendant Jeffrey Linton 

A. The Parties discussed the possibility of settlement by mediation after 

additional discovery by and relating to Defendant Jeffrey Linton who was 

served on June 17, 2004, and has just retained counsel. 

B. The Parties can stipulate to the following facts: 

1. The facts admitted in the answers to the complaint and the answers to 

discovery; 

2. That at all relevant times, Plaintiff was in the care and custody of the 

United States of America; 

3. That at all relevant times, Jeffrey Linton was a correctional officer at the 

Federal Correctional Institute, Tallahassee, Florida; 

4. That Jeffrey Linton engaged in sex with Plaintiff; 
5. That Jeffrey Linton resigned his position as a correctional officer and pled 

guilty to sexual misconduct. 

C. The Parties have drawn up a pretrial stipulation below. 

D. Plaintiff and Defendant United States of America have examined some 

exhibits to be used at trial. The number of exhibits may change. Defendant 

Linton expects to have limited exhibits and has requested additional time to 

make discovery. 

E. Plaintiff and Defendant United States of America have previously exchanged 

names of expected witnesses and expect further witnesses to emerge as the 

result of depositions and other discovery by and of Defendant Linton. 

Defendant Linton will file disclosures under Rule 26(a) as required by law. 

Defendant Linton and the other two parties have requested additional time to 

make discovery. 

F. The Parties have discussed damages and issues of proof and law relating to 

damages. 

G. The Parties have discussed other matters to expedite pretrial and trial on the 

case however all Parties agreed to request an additional 60 days for 

discovery and to continue pretrial and trial accordingly by a separate motion 

filed previously. 

II. Pretrial Stipulation 

A. The Parties agree that the basis of federal jurisdiction is Bivens v. Six 

Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1972) 

and 28 U.S.C. § 1346(b) and §2671, et. seq., Federal Tort Claims Act. 
B. The nature of the case is a Bivens claim against Jeffrey Linton for the 

violation of Plaintiff’s constitutional rights through sexual battery and a 

Federal Tort Claims Act claim against the United States of America. 

C. The Parties would briefly state their cases as follows: 

1. Plaintiff claims her rights were violated when she was raped on two 

occasions by officer Linton while imprisoned in Federal Correctional 

Institute at Tallahassee, Florida and that the United States of America is 

negligently liable for the acts of its employees that led to her injury; 

2. Defendant United States of America denies any prior knowledge of such 

sexual conduct by officer Linton and asserts that any such conduct was 

outside the course and scope of his employment and has raised 

numerous defenses. 

3. Defendant Linton denies any violation of Plaintiff’s civil rights and admits 

to sexual contact with Plaintiff and maintains such contact was by 

Plaintiff’s consent and has raised numerous defenses. 

D. The Plaintiff and Defendant United States have exchanged certain exhibits 

and agree that additional exhibits may result from further discovery by and of 

Defendant Linton and have requested additional time for discovery by 

separate motion previously filed. 

E. The Plaintiff and Defendant United States have exchanged the names of 

some witnesses and agree that additional witnesses may result from further 

discovery by and of Defendant Linton and have requested additional time for 

discovery by separate motion previously filed. 

F. The Parties agree to the following facts: 
1. The facts stated or admitted in the answers to the complaint and answers 

to discovery; 

2. That at all relevant times, Plaintiff was in the care and custody of the 

United States of America; 

3. That at all relevant times, Jeffrey Linton was a corrections officer at the 

corrections facility where Plaintiff was held; 

4. That Jeffrey Linton engaged in sex with Plaintiff; 

5. That Jeffrey Linton pled guilty to sexual misconduct and resigned his 

position as a corrections officer. 

G. The Parties agree to the following issues of law. 

1. This Court has venue in this matter; 

2. The Plaintiff has exhausted her administrative remedies under the Federal 

Tort Claims Act. 

H. The following issues of fact remain to be litigated: 

1. Whether Plaintiff consented to sexual contact with Linton; 

2. How many times Defendant Linton and Plaintiff Bolton had sex; 

3. Whether Defendant United States had prior notice of misconduct; 

4. Whether Defendant Linton’s acts were within the scope of employment; 

5. Whether Defendant United States took appropriate action to protect 

Plaintiff prior to and after the alleged incident (however Defendant United 

States of America contends that Plaintiff would have to amend her 

complaint to raise these issues); 

6. Whether Defendant United States committed spoliation of evidence by 

delaying medical care (however Defendant United States of America 
contends that Plaintiff would have to amend her complaint to raise these 

issues) 

I. The following issues of law remain to be litigated: 

1. Whether Defendant Linton was in the scope of his employment; 

2. Whether the Defendant United States of America is immune from suit; 

3. Whether Plaintiff has adequately pled a prima facie case. 

J. The Parties agree Federal Rules of Civil Procedure and Evidence apply. 

K. Defendants expect to file Motions for Summary Judgment. All parties expect 

to file Motions in Limine, including a Motion to exclude medical damages. 

L. The case is a jury case as to Defendant Linton and non-jury as to Defendant 

United States of America. 

M. Counsel believe that the trial will last approximately four days. 

 Respectfully submitted, 

 s/James Cook____________________ 

 JAMES V. COOK 

 For the Plaintiff 

 Florida Bar Number 0966843 

 314 West Jefferson Street 

 Tallahassee, Florida 32301 

 (850) 222-8080; 561-0836 fax 

 s/Robert Stinson___________________ 

 ROBERT STINSON 

 For the United States of America 

 s/Gary Printy______________________ 

 GARY PRINTY 

 For Jeffrey Linton