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Applicability of FTCA to BOP Causes Circuit Split

Loaded on May 15, 2004 by David Reutter published in Prison Legal News May, 2004, page 27
Filed under: Prisoner Property, Federal Statutory Law, Federal Tort Claims Act. Locations: California, Texas, Wisconsin.
Applicability of FTCA to BOP
Causes Circuit Split

by David M. Reutter


Three recent federal circuit court rul-ings exhibit a dispute between the circuits as to whether the Federal Tort Claims Act (FTCA) applies to property claims against the federal Bureau of Prisons (BOP). Each of these cases, filed by …

 

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  1. Prisons Nationwide Fail to Treat HCV Epidemic, by John E Dannenberg
  2. BOP Doctor Indicted, Pleads Guilty to Sexual Assault, by Bob Williams
  3. From the Editor, by Paul Wright
  4. $50,000 HCV Settlement and New Treatment Protocol Approved in Colorado, by Bob Williams
  5. Colorado Slammed by West Nile Virus But Ignores Prisoners, by Bob Williams
  6. Denial of Grievance Forms Excuses Failure to Exhaust
  7. Florida Work Release Prisoners Ripped Off by Private Transport Company, by David Reutter
  8. Excessive Heat Still Plagues Baltimore Women Detainees, by Bob Williams
  9. Another Troubled North Carolina Jail, by Michael Rigby
  10. Third-Party Beneficiaries Can Enforce Terms of Settlement, by Bob Williams
  11. Virginia Legislature Awards Wrongfully Convicted Man $1.5 Million
  12. $13,500 Damages Paid to Two Illegally Detained Washington DOC Prisoners
  13. Mandamus Available to Review Oregon Disciplinary Orders
  14. PLRA Physical Injury Rule Applied to Non-Prison Case
  15. Missed HIV Medication Did Not Create a Serious Medical Need
  16. Washington Medical Claim Reinstated
  17. California Rules Violation for "Repeated Pattern" Must Involve Same Offense
  18. Private Settlement Agreement Prohibits Award of Attorney Fees and Costs, by David Reutter
  19. County Public Defender Liable for Wrongful Conviction
  20. Physical Injury Rule Doesn't Bar Strip Search Suit
  21. Local Rule Cannot Justify Summary Judgment When Factual Dispute Exists, by David Reutter
  22. Beating Judgment for Jail Affirmed on Appeal; Costs Issue Remanded
  23. PHS Liable for Denying Insulin to Diabetic New Jersey Jail Prisoner
  24. New Jersey Prisoners May Confront Accusers in Disciplinary Hearings, by Michael Rigby
  25. New Jersey Supreme Court Upholds $1.6 Million Harassment Verdict
  26. Two Level Review Required for Publication Rejection, but Qualified Immunity Granted
  27. BOP Rule Denying Early Release Eligibility Violates APA
  28. Certification for Interlocutory Appeal Order Discussed in California Prison Labor Suit
  29. Discipline Without Notice Violates Due Process; BOP Administrative Exhaustion May Be Excused
  30. No Ex Post Facto Violation in Forcing Washington Prisoner to Take Stress and Anger Classes
  31. New Trial Ordered in Washington Strip Cell Conditions Suit
  32. Pretrial Detainee Has Limited Right to Litigate Civil Matters
  33. Applicability of FTCA to BOP Causes Circuit Split, by David Reutter
  34. $15 Million Award for Wrongful Conviction Upheld
  35. Absence of AEDPA in Texas Law Library May Toll Limitations
  36. NYPD Commissioner Charged With Stealing $112,733.98 from Jail Prisoner Fund
  37. Dismissal Sanction for Prisoner's Refusal to Be Deposed Without Court Order Reversed
  38. Kansas Grievance Procedures Inapplicable in Negligence Action
  39. Illinois County Necessary Party in Suit Against Elected Official
  40. Confinement for Willful Failure to Pay LFOs Upheld
  41. No Crueler Tyrannies: Accusation, False Witnesses, and Other Tyrannies of Our Times, by Robert Woodman
  42. Texas Monitors Prisoners for-Signs of Al-Qaeda Recruitment
  43. Virginia Prison Vendors Lose Contracts to Out-of-State Supplier, by Gary Hunter
  44. BOP Medical Detainees Not Subject to PLRA
  45. Jailhouse Snitch Enlisted in War on Terrorism Behind Bars, by Bob Williams
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  54. Tennessee Supreme Court Holds No Procedural Protection Needed for $5 Fine
  55. California's New Governor Must Reconsider Former Governor's Parole Reversal, by John E Dannenberg
  56. Washington Failure to Disclose Prison-Phone-Rate Suit Dismissed, State Supreme Court Grants Review, by Sam Rutherford
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