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CASE NAME:Ditullio v. Boehm et al
ALL PLAINTIFFS:Miranda Ditullio
ALL DEFENDANTS:Josef F. Boehm, Bambi Tyree, Allen K. Bolling, Leslie Williams
CITATION:
DOCKET NUMBER:3:09-cv-00113
SOURCE:Bloomberg
TYPE OF CASE:Civil
RELATED CASE CITATION:United States v. Josef F. Boehm
TYPE OF TRIAL:
TRIAL JUDGE(S):John W. Sedwick
YEAR OF ARREST:
YEAR OF VERDICT:
TYPE OF COURT:Federal Court
STATE:Alaska
FEDERAL DISTRICT:District Court
STATE COUNTY:
AGE OF VICTIM(S):Minor
NUMBER OF VICTIMS:1
GENDER OF VICTIM(S):Female
VICTIM'S COUNTRY OF ORIGIN:
METHOD OF ENTRY INTO THE U.S.:
WAS VICTIM CHARGED WITH A CRIME:No
NUMBER OF DEFENDANT(S):4
GENDER OF DEFENDANT(S):Female and Male
TYPE OF INDUSTRY:Sex
CASE CATEGORIZATION:Commercial Sexual Exploitation/Prostitution
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FIRST CLAIM:Involuntary Servitude in violation of the Thirteenth Amendment
FIRST CLAIM US/STATE CODE CITATION:
FIRST CLAIM RESULT:Dismissed
DAMAGES AWARDED FOR FIRST CLAIM:
SECOND CLAIM:Sex Trafficking of a minor under 18 U.S.C. § 1595
SECOND CLAIM US/STATE CODE CITATION:18 U.S.C. § 1595
SECOND CLAIM RESULT:Settled
DAMAGES AWARDED FOR SECOND CLAIM:
THIRD CLAIM:Distribution of a controlled substance to a minor
THIRD CLAIM US/STATE CODE CITATION:
THIRD CLAIM RESULT:Dismissed
DAMAGES AWARDED FOR THIRD CLAIM:
FOURTH CLAIM:Sexual Assault of a minor under Section 09.55.560 of the Alaska Statutes
FOURTH CLAIM US/STATE CODE CITATION:Section 09.55.560 of the Alaska Statutes
FOURTH CLAIM RESULT:Settled
DAMAGES AWARDED FOR FOURTH CLAIM:
FIFTH CLAIM:Intentional Infliction of Emotional Distress
FIFTH CLAIM US/STATE CODE CITATION:
FIFTH CLAIM RESULT:Settled
DAMAGES AWARDED FOR FIFTH CLAIM:
SIXTH CLAIM:Punitive Damages
SIXTH CLAIM US/STATE CODE CITATION:
SIXTH CLAIM RESULT:Settled
DAMAGES AWARDED FOR SIXTH CLAIM:
TOTAL AWARD:
APPEAL:Yes
EXPLANATION OF APPEAL:
APPELLATE OPINION CITATION:Ditullio v. Boehm, 662 F.3d 1091 (9th Cir. 2011)
HOLDING OF APPEALS COURT:Afffirm in Part and Vacate in Part
APPEAL STILL PENDING?:No
SUMMARY:In 2004, Josef Boehm pled guilty to conspiracy to engage in human trafficking (United States v. Josef F. Boehm). In 2009, plaintiff filed suit against Boehm and three others.  She dropped her claims against the three others.  As to Boehm, plaintiff alleged she was one of the victims specified in the earlier suit.  She alleged that Boehm used drugs and coercion to control her and to get her to perform sexual acts while she was a minor.  She filed several claims seeking compensatory damages and punitive damages (in excess of $5m and $20m, respectively).  On appeal, the 9th Circuit held that plaintiff can bring a claim for punitive damages under the TVPA and that the civil remedy provision of the TVPA does not apply retroactively.  The case was later settled for $400,000 and dismissed pursuant to that settlement on November 2, 2012.
Approval Status:Approved
Approver Comments:
            
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