Plaintiff Iris Pereira sued the United States seeking compensation for several items of personal property lost during her transfer from the Federal Prison Camp in Coleman, Florida to the Federal Correctional Institution in Tallahassee, Florida. Originally styled as a complaint under 42 U.S.C. § 1983 and filed in the federal district court for the District of Columbia, the D.C. court transferred the case to the Tallahassee Division and noted that the claims were firmly grounded in the Federal Tort Claims Act, 28 U.S.C. § 1246(b).
Observing that under the FTCA Pereira was limited to the amount of damages claimed, and that the parties did not disagree on the amount, a magistrate on April 27, 2004 recommended the court enter summary judgment sua sponte in Pereiras favor and dismiss the case with prejudice.
The district court adopted the magistrates recommendation and on June 10, 2004, awarded Pereira $829.65 in damages. See: Pereira v. United States, USDC ND FL, Case No. 4:02CV60-SPM/AK.
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Pereira v. United States
|Cite||USDC ND FL, Case No. 4:02CV60-SPM/AK|