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Fourth Circuit Holds FTCA Applies to BOP Property Claims
Loaded on Jan. 15, 2007
published in Prison Legal News
January, 2007, page 40
The Fourth Circuit Court of Appeals joined the Sixth, Seventh and District of Columbia Circuits in holding that Bureau of Prisons (BOP) guards are not ?law enforcement officers? for purposes of 28 U.S.C. § 2680(c). The Fifth, Eighth, Ninth, Tenth, Eleventh and Federal Circuits disagree.
Filed under:
Prisoner Property,
Federal Statutory Law,
Federal Tort Claims Act.
Location:
United States of America.
BOP prisoner Anthony Andrews was ...
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More from this issue:
- Ex-Communication: Competition and Collusion in the U.S. Prison Telephone Industry, by Steven Jackson
- Maryland Sentence Reduction Rule Violates Ex Post Facto Clause
- From the Editor, by Paul Wright
- Violence from Racial Tension and Overcrowding Pervades California Jails, Spreads to Prisons, by Marvin Mentor
- Lawsuit Filed Over Health Care at Wisconsin Women’s Prison, More Possible, by Michael Rigby
- Vermont DOC Agrees To Stop Punishing Self-Harming Prisoners, by Michael Rigby
- 200 Dead in Brazil Prison Uprisings, Street Violence, by Gary Hunter
- California’s “High-Risk” Sex Offender Parolees Ostracized; Parole Official Fired, by John Dannenberg
- Washington Women’s Prison Healthcare Violations Continue
- The Prison and Jail Industry—Who Will Run It, by Gary Hunter
- Washington Prisoners Must Pre-Pay for Record Inspection
- Illinois Parole Violators Enforce Revocation Due Process Rights with Consent Decree, by John Dannenberg
- California Lifer Hearing Backlog Increases Despite Court Order To Catch Up, by Marvin Mentor
- Vienna Convention Creates Individually Enforceable Rights, by Matthew Clarke
- Washington Prisoner Sues Over Bogus Disciplinary Actions; State Settles for $1,500
- Settlement Revamps Grant County, Washington Indigent Defense System; County Agrees to $1.1 Million in Attorney Fees
- $214,000 Award for Injuries Caused by Dilantin Deprivation to Michigan Jail Prisoner
- PLRA’s Mental and Emotional Damage Award Ban Unconstitutional in $219,000 First Amendment Claim
- Illegal Strip Searches Cost MTC, New Mexico County $8.5 Million, by Michael Rigby
- Michigan Prisoner Assaulted By Jailers Awarded $2,000, by Michael Rigby
- Florida DOC’s Policy Prohibiting Release of Sex Offenders Without Address Unconstitutional, by David Reutter
- Wisconsin “Boondoggled” Into Buying Broken Down New Private Prison
- New York Prison Worker Not Kidnapped/Raped Long Enough For Compensation, by Gary Hunter
- Mississippi Beating Suit Nets $348,960 — Upheld on Appeal
- Maryland Disciplinary Rules Violate APA
- 5th Circuit Reverses Texas Prisoner’s Disciplinary Conviction For “Non-Existent” Offense, by Michael Rigby
- Texas Supreme Court: Non-Suit Deprives Appeals Court of Jurisdiction
- Virginia Guard Hazed By Coworkers Awarded $25,001, by Michael Rigby
- Eleventh Circuit Affirms Damage Award in Psychiatrist’s Strangling Death
- Fourth Circuit Holds FTCA Applies to BOP Property Claims
- Missouri Prison Ordered to Provide Immediate Abortion
- Fifth Circuit Reinstates Texas Prisoners’ Challenge to Extended Lockdown, by Michael Rigby
- News in Brief:
- Oklahoma Regulation Confiscating Money Order From Other Prisoner’s Family Upheld
- Tenth Circuit Reinstates Colorado Ad Seg Conditions Claims, by Bob Williams
More from these topics:
- Minnesota Supreme Court Says Randy Guard Must Face Prisoner’s Sexual Harassment and Assault Claims, Feb. 15, 2025. Staff-Prisoner Assault, Staff-Prisoner Harassment, Guard Misconduct, Federal Tort Claims Act, Federal Tort Claims Act (FTCA).
- California Changes Prisoner Property Policy After Suit Filed Alleging Gender Discrimination Against Men, Nov. 15, 2024. Gender Discrimination -- Men, Prisoner Property.
- Missouri Prisoners Losing Reentry Money to “Incarceration Reimbursement”, Oct. 15, 2024. Release and Reentry, Seizure of Prisoner Funds, Prisoner Property.
- Seventh Circuit Again Rejects Challenge to Three-Book Limit at Cook County Jail by Now-Dead Detainee, April 1, 2024. Jail Specific, Prisoner Property, Publications/Books, Banned Book Lists.
- Fifth Circuit Reinstates Federal Prisoner’s Tort Claim Against BOP Officials, Feb. 1, 2022. Federal Tort Claims Act, Failure to Treat (Mental Illness).
- Eleventh Circuit Upholds Immunity of Federal Prison Guards Under FTCA, Even for Blatant Unconstitutional Acts, Nov. 1, 2021. Guard Misconduct, Federal Tort Claims Act, Qualified Immunity.
- Second Circuit Reversed Dismissal of Former BOP Prisoner’s FTCA Claim Against Dentist, Nov. 1, 2021. Failure to Treat, Federal Tort Claims Act.
- Wyoming Supreme Court Abandons Alter Ego Rule in Relation to Defense-of-Another Claim, June 15, 2021. Federal Statutory Law.
- Third Circuit Upholds Federal False Liens Conviction and 48-Month Sentence, May 5, 2020. Wrongful Imprisonment, Federal Tort Claims Act.
- Sixth Circuit Holds Ohio Rule Requiring Merit Affidavit Inapplicable in BOP Prisoner’s Tort Action, April 1, 2020. Systemic Medical Neglect, Complaints, Federal Tort Claims Act.