Kayla Hamilton case: $100 million lawsuit filed against DHS over murder by alleged MS-13 gang member
LOS ANGELES - A $100 million lawsuit has been filed against the Department of Homeland Security (DHS) and Department of Health and Human Services (DHHS) stemming from the rape and murder of Kayla Hamilton allegedly by an illegal MS-13 gang member.
The wrongful death lawsuit is believed to be the first of its kind, according to Claypool Law Firm.
Kayla Hamilton, who is autistic, was killed inside her Maryland apartment just days before her 20th birthday in 2022. A teenager with alleged ties to the MS-13 gang has been charged in her death and is awaiting trial.
Her mom, Tammy Nobles, testified in the GOP's effort to impeach Homeland Security Director Alejandro Mayorkas.
"He was only living there for five days before he raped and killed my daughter," Nobles said in an interview with FOX News.
"We are suing for $100 million because we need to make change in this country," said LA-based attorney Brian Claypool.
He says DHS failed to keep a known gang member out of the US.
"Had Homeland Security done their job, and this was not a hard job to do… lift up his shirt-- gang tattoo – phone call to El Salvador, he's on the list and back to El Salvador. Kayala Hamilton lives to get married, lives to have a child," Claypool explained.
Claypool contends the federal government also failed Kayala by not confirming the then 16-year-old gang member had the required sponsor in the US. He was placed in a rented room in the same trailer where Kayala lived. Once the suspect was under arrest, Homeland Security and Child Protective Services failed to keep the boy in a secure facility.
"The detectives later found out that he was not put in a secure location. They put him in an unsecured children's home with other children," her mom stated.
"We believe this is a landmark case that is going t make new law in the country because we are alleging that Homeland Security breached what's called operational negligence. They had a protocol to follow and they didn't follow that," Claypool said.