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Notice of Claim - To Sign
Notice of Claim - To Sign
This notice of claim is filed pursuant to the Federal Tort Claims Act, 28 U.S.C. 2761 &
1346 for wrongful death money damages for the death of Kayla Hamilton caused by the
institutional failures and negligent or wrongful acts or omissions of one or more
employees of the United States Government (Department of Homeland Security) while
acting within the course and scope of their employment under circumstances where
Defendant USA, if a private person, would be liable to Plaintiff in accordance with
Maryland law.
On July 27, 2022, Kayla Hamilton, a 20-year autistic woman was raped, strangled
with a phone cord and murdered in Aberdeen Maryland by a minor who was associated
with the MS-13 gang in El Salvador. Due to the operational negligence of employees at
Department of Homeland Security (DHS), the assailant was permitted to enter the United
States illegally. The operational negligence of one or more employees of DHS is not
limited to the following:
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FACTS
On July 27, 2022, at approximately 5:13 PM, officers from Aberdeen Police Department
and paramedics from Aberdeen Fire Department responded to the unit block of E. Inca
Street for a cardiac arrest.
Upon arrival, officers located 20-year-old Kayla Hamilton. Ms. Hamilton, an autistic
young woman, had only recently moved to the area with her boyfriend. Officers and
paramedics found Ms. Hamilton was deceased and suffering from injuries consistent
with a homicide. Officers secured the scene and detectives from the Criminal
Investigation Division responded to the scene and assumed the investigation. The Office
of the Chief Medical Examiner determined the death to be a homicide by strangulation.
On January 15, 2023 the assailant was arrested and charged with first degree murder.
He is currently being held without bail.
This is a clear liability case. The U.S. Government owed Ms. Hamilton a special duty in
light of her murderer having a criminal propensity shown by his arrest in his native El
Salvador, and being a known MS-13 gang member in El Salvador.
The young man who murdered Ms. Hamilton was allowed to enter the United States as an
unaccompanied alien child in March 2022 at the Rio Grande Valley Sector. The Judiciary
Committee’s investigation determined that the U.S. Government insufficiently vetted
assailant and ignored key warning signs about assailant’s propensity for violence.
Amongst the ignored warning signs were the following:
• Years before entering the United States, the assailant was arrested in El Salvador
for “illicit association” with MS-13, a dangerous gang;
• Assailant had gang tattoos, something that was not disclosed in his Department of
Homeland Security (“DHS”) file or the file held by the Department of Health and
and Human Services (“HHS”) Office of Refugee Resettlement (“ORR”).
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Here, DHS failed to perform the most basic measures to ensure that assailant, a non-
documented immigrant entering the United States was not a dangerous criminal or known
gang member. Had DHS vetted the assailant according to policy, he would have been
placed in a secure facility for criminal unaccompanied minors rather than being placed
with an alleged first cousin whom he escaped from. At no time should assailant have
been roaming free in Aberdeen.
The assailant’s gang affiliation was never discovered by DHS because of its operational
negligence. It was Aberdeen Police Department officers that quickly found the
association. Ironically, assailant told DHS employees that he had left El Salvador to
escape gang-related threats. DHS also missed assailant’s gang-related tattoos further
showing operational negligence on the part of DHS when it should have been acting for
the safety of American citizens and a complete failure to follow vetting protocol when
assailant was detained by DHS.
Further operational negligence was shown in the handling of the assailant’s placement in
a foster home with children while his homicide charge was pending and after his
affiliation with Ms-13 gang was known.
CLAIMANT’S INJURIES
Due to the callous actions of DHS, Claimant Noble’s daughter was brutally raped and
murdered. Ms. Noble has lost the lifelong love and companionship of her daughter. She
has also incurred medical bills and funeral/burial expenses.
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ATTACHMENT B
Witnesses
• Office of the Chief Medical Examiner – Address: 900 E. Baltimore St., Baltimore,
MD 21223.