FBI informants allegedly killed Olga Davis' daughter. Should the government award damages for that mother's loss of companionship?
That's the controversial question in a court case that is pitting Justice Department lawyers against a federal judge
Debbie Davis was 26 when she was dating mobster Steven "The Rifleman" Flemmi back in 1981. She was allegedly strangled to death by Whitey Bulger because she knew too much. Both Bulger and Flemmi were longtime FBI informants at the time
Olga Davis' attorneys argued that she could be compensated for her loss of companionship. At first US District Judge William Young ruled against that, saying Olga Davis was not entitled because Debbie wasn't her only child, she didn't live with her mom at the time of her death, and Davis had other kids to support her. Olga Davis died two years ago
But Young changed his mind, calling his original ruling "sloppy practice." If he changes his mind this will be the first time someone is compensated posthumously for loss of companionship
Justice Department lawyers don't agree. One said those other children provided support and even if the judge finds Olga Davis is entitled to damages, her claim does not survive her death
Should it matter that Debbie Davis wasn't Olga's only child? Should it matter that she didn't live with her mom but still took care of her?