Creative Litigation Fails Because Crime Does not Pay
Post 5109
See the full video at https://lnkd.in/gWgSsVgE and at https://lnkd.in/g9ng3A3M, and at https://zalma.com/blog plus more than 5100 posts.
Prisoner Acting as His Own Lawyer Misses Prerequisite to His Suit
In this pro se prisoner case brought under 42 U.S.C. § 1983, United States Magistrate Judge Bradley W. Rath’s Report and Recommendation recommends that Defendants Sheriff John Ledbetter, Geneva Drummond, and VitalCore’s Motions for Summary Judgment be granted, that Plaintiff Monnie Villarreal’s Motion to Amend be denied as moot, and that the Court dismiss this case without prejudice for failure to exhaust administrative remedies.
In Monnie Villarreal v. Vitalcore, et al. No. 1:24-cv-99-HSO-BWR, United States District Court, S.D. Mississippi, (June 18, 2025) the District Judge adopted Magistrate Judge’s Report and Recommendation as the opinion of the Court.
BACKGROUND
Plaintiff Monnie Villarreal (“Plaintiff”) pled guilty to conspiracy to commit insurance fraud in the Circuit Court of Jackson County, Mississippi, and was sentenced to serve five years in the custody of the Mississippi Department of Corrections (“MDOC”). In 2024 Plaintiff violated the terms of his post-release supervision, and was ordered to serve the remainder of his sentence in MDOC custody, where he remained until his release in December 2024.
Plaintiff’s allegations stem from two incidents, an alleged denial of medical care and a purported failure to protect Plaintiff from violence at the hands of another inmate.
Plaintiff asserted that Defendants VitalCore and Nancy Unknown committed “attempted murder” by depriving him “of [a] proper dosage of insulin[,]” by not allowing him “to see a license[d] doctor[,]” and by forcing him to “live with high blood sugar.”
Plaintiff accused Sheriff Ledbetter and Drummond of “negligence and cruel punishment.” He asserts that he was assaulted by another inmate with a “broken wooden mop handle” on April 21, 2024, and that Drummond refused to answer his calls for help. Plaintiff filed three grievances during his incarceration at JCADC, all of which were submitted through the normal JCADC grievance system.
The Magistrate Judge recommended that Plaintiff’s claims be dismissed without prejudice for failure to exhaust administrative remedies under the Prison Litigation Reform Act. The Report and Recommendation highlighted that under the PLRA, “[e]xhaustion of administrative remedies through the prison grievance system is a prerequisite for lawsuits filed under § 1983.” Because Plaintiff had not filed any grievances related to the alleged incidents through the ARP, the Magistrate Judge found that Plaintiff had not exhausted his administrative remedies as to either of his claims.
DISCUSSION
Since exhaustion is a threshold issue that courts must address to determine whether litigation is being conducted in the right forum at the right time, judges may resolve factual disputes concerning exhaustion without the participation of a jury.
Plaintiff was not a pretrial detainee facing a new conviction but was instead a post-conviction inmate serving out the remainder of his sentence.
The JCADC Inmate Handbook required Plaintiff to use the JCADC grievance system and then the ARP grievance system before filing a lawsuit. The ARP was available to Plaintiff, and he has never maintained or argued that he used it to report the complained-of incidents.
CONCLUSION
It was ordered and adjudged that Defendants Sheriff John Ledbetter, Geneva Drummond, and VitalCore’s Motions for Summary Judgment were granted, and Plaintiff Monnie Villareal’s claims were dismissed without prejudice as to all Defendants for failure to exhaust administrative remedies.
ZALMA OPINION
Insurance fraud perpetrators are well known for their “Chutzpah” (Yiddish for unmitigated gall) and even when convicted and allowed to run free he violated the terms of his release and was incarcerated to serve the remainder of his sentence. He sued, in pro se, the Sheriff who ran the jail and others claiming many vicious actions against his person and health only to find he had failed to use the administrative remedies available to him so his suit was dismissed proving that no matter how creative his pleading crime does not pay.
(c) 2025 Barry Zalma & ClaimSchool, Inc.
Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos.
Subscribe to my substack at https://barryzalma.substack.com/subscribe
Go to X @bzalma; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg; Go to the Insurance Claims Library – https://lnkd.in/gwEYk.
Creative Litigation Fails Because Crime Does not Pay
Post 5109
See the full video at https://lnkd.in/gWgSsVgE and at https://lnkd.in/g9ng3A3M, and at https://zalma.com/blog plus more than 5100 posts.
Prisoner Acting as His Own Lawyer Misses Prerequisite to His Suit
In this pro se prisoner case brought under 42 U.S.C. § 1983, United States Magistrate Judge Bradley W. Rath’s Report and Recommendation recommends that Defendants Sheriff John Ledbetter, Geneva Drummond, and VitalCore’s Motions for Summary Judgment be granted, that Plaintiff Monnie Villarreal’s Motion to Amend be denied as moot, and that the Court dismiss this case without prejudice for failure to exhaust administrative remedies.
In Monnie Villarreal v. Vitalcore, et al. No. 1:24-cv-99-HSO-BWR, United States District Court, S.D. Mississippi, (June 18, 2025) the District Judge adopted Magistrate Judge’s Report and Recommendation as the opinion of the Court.
BACKGROUND
Plaintiff Monnie Villarreal (“Plaintiff”) pled guilty to conspiracy to ...
Medicare Supplement Plan Properly Discontinued by City
Post 5108
Read the full article at https://lnkd.in/gfHSn7nx, see the full video at https://lnkd.in/g-hkvd3h and at https://lnkd.in/gcN7BP5u, and at https://zalma.com/blog plus more than 5100 posts.
New York’s Highest Court Approves Change in Medicare Plan
The City of New York decided to discontinue its Medicare supplemental plan, Senior Care, and enroll all retirees in a custom-designed Medicare Advantage Plan (MAP) managed by Aetna Life Insurance Company. Petitioners, consisting of nine retirees and one organization, initiated legal proceedings to prevent the City from eliminating their existing health insurance plans. They argued that the City had repeatedly promised to provide and pay for a Medicare supplemental plan upon retirement, and that they relied on these promises when making financial, employment, and retirement decisions.
In the Matter of Robert Bentkowski, et al. v. City of New York, et al., 2025 NY Slip Op 03690, No. 57, New York Court of Appeals ...
Ignorance of UM Coverage for Pedestrian Hit by Car is Inexcusable
Post 5107
Read the full article at https://lnkd.in/gyX8BgrF, see the full video at https://lnkd.in/gPejDHQV and at https://lnkd.in/gkPqNw4Y and at https://zalma.com/blog plus more than 5100 posts.
Dennis Malcolm Patterson was struck by an automobile while crossing the street, he sued the driver who hit him and sought uninsured/underinsured motorist coverage from his own insurer, United Services Automobile Association (“USAA”). USAA filed a motion to dismiss, arguing that Patterson failed to comply with the policy provision requiring prompt notification. Following a hearing, the trial court granted the motion and Patterson appealed.
In Patterson v. United Services Automobile Association, No. A25A0259, Court of Appeals of Georgia, Fifth Division (June 20, 2025) the trial court’s judgment was affirmed.
Key Points:
Trial Court’s Decision:
It treated the court’s order as a denial of summary judgment
Incident Details:
Patterson was injured on May ...
ZIFL Volume 29, Issue 10
The Source for the Insurance Fraud Professional
See the full video at https://lnkd.in/gK_P4-BK and at https://lnkd.in/g2Q7BHBu, and at https://zalma.com/blog and at https://lnkd.in/gjyMWHff.
Zalma’s Insurance Fraud Letter (ZIFL) continues its 29th year of publication dedicated to those involved in reducing the effect of insurance fraud. ZIFL is published 24 times a year by ClaimSchool and is written by Barry Zalma. It is provided FREE to anyone who visits the site at http://zalma.com/zalmas-insurance-fraud-letter-2/ You can read the full issue of the May 15, 2025 issue at http://zalma.com/blog/wp-content/uploads/2025/05/ZIFL-05-15-2025.pdf
This issue contains the following articles about insurance fraud:
Health Care Fraud Trial Results in Murder for Hire of Witness
To Avoid Conviction for Insurance Fraud Defendants Murder Witness
In United States of America v. Louis Age, Jr.; Stanton Guillory; Louis Age, III; Ronald Wilson, Jr., No. 22-30656, United States Court of Appeals, Fifth Circuit (April 25, 2025) the Fifth Circuit dealt with the ...
Professional Health Care Services Exclusion Effective
Post 5073
See the full video at https://lnkd.in/g-f6Tjm5 and at https://lnkd.in/gx3agRzi, and at https://zalma.com/blog plus more than 5050 posts.
This opinion is the recommendation of a Magistrate Judge to the District Court Judge and involves Travelers Casualty Insurance Company and its duty to defend the New Mexico Bone and Joint Institute (NMBJI) and its physicians in a medical negligence lawsuit brought by Tervon Dorsey.
In Travelers Casualty Insurance Company Of America v. New Mexico Bone And Joint Institute, P.C.; American Foundation Of Lower Extremity Surgery And Research, Inc., a New Mexico Corporation; Riley Rampton, DPM; Loren K. Spencer, DPM; Tervon Dorsey, individually; Kimberly Dorsey, individually; and Kate Ferlic as Guardian Ad Litem for K.D. and J.D., minors, No. 2:24-cv-0027 MV/DLM, United States District Court, D. New Mexico (May 8, 2025) the Magistrate Judge Recommended:
Insurance Coverage Dispute:
Travelers issued a Commercial General Liability ...
A Heads I Win, Tails You Lose Story
Post 5062
Posted on April 30, 2025 by Barry Zalma
"This is a Fictionalized True Crime Story of Insurance Fraud that explains why Insurance Fraud is a “Heads I Win, Tails You Lose” situation for Insurers. The story is designed to help everyone to Understand How Insurance Fraud in America is Costing Everyone who Buys Insurance Thousands of Dollars Every year and Why Insurance Fraud is Safer and More Profitable for the Perpetrators than any Other Crime."
Immigrant Criminals Attempt to Profit From Insurance Fraud
People who commit insurance fraud as a profession do so because it is easy. It requires no capital investment. The risk is low and the profits are high. The ease with which large amounts of money can be made from insurance fraud removes whatever moral hesitation might stop the perpetrator from committing the crime.
The temptation to do everything outside the law was the downfall of the brothers Karamazov. The brothers had escaped prison in the old Soviet Union by immigrating to the United...
