Federal judges tosses out lawsuit by ‘Whitey’ Bulger’s family over his prison killing

BRUCETON MILLS, W.Va. — A federal judge in West Virginia has thrown out a lawsuit by the family of notorious gangster James “Whitey” Bulger over his killing in prison.

Bulger was killed at a federal prison in West Virginia in October, 2018. He was 89 years old.

Bulger had just been transferred, and a medical examiner declared him dead shortly after he was found unresponsive, according to the Associated Press.

No one has ever been charged in Bulger’s killing.

The lack of answers has only fueled rumors and spurred claims by Bulger’s family that he was “deliberately sent to his death” at the penitentiary nicknamed “Misery Mountain.”

The family lawsuit — filed on the two year anniversary of his killing against the former director of the Federal Bureau of Prisons, the former Hazelton warden and others — said prison system officials were well aware that Bulger had been labeled a “snitch” and that his life was at heightened risk behind bars. Bulger strongly denied ever being an informant. The family was seeking damages for Bulger’s physical and emotional pain and suffering, as well as for wrongful death.

In a ruling dated January 12, 2022 a federal judge dismissed the family’s lawsuit.

Judge John Preston Bailey noted “...Bulger had the option of filing an administrative grievance or seeking an injunction while his transfer to USP Hazelton was pending.”

The judge also said a “...special factor in this case is the substantial burden that would be placed on government operations if the Court were to authorize a new category of prison litigation.: Judge Baily said “..a remedy in this case could spark new litigation for each of these housing decisions that would burden individual officials and drain government resources.”

Justice Department lawyers had urged the judge, in previous court filings, to dismiss the claim, saying Bulger’s family “cannot allege that BOP skipped some mandatory, procedural directive” in transferring him to Hazelton or putting him in the general population.

The judge’s ruling noted that “...BOP (Bureau of Prisons) must provide for the protection, safekeeping, and care of inmates, but this does not guarantee a risk-free environment. Decisions about how to safeguard prisoners are generally discretionary.”

Download the FREE Boston 25 News app for breaking news alerts.

Follow Boston 25 News on Facebook and Twitter. | Watch Boston 25 News NOW

©2022 Cox Media Group