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U.S. Court Of Claims Lacks Jurisdiction Over Eighth Amendment Based Tort
Arizona federal pro se prisoner Jerome Trafny appealed his Eighth Amendment based tort claim dismissal. He alleged that the Federal Bureau of Prison's (BOP) failure to supply medication after eye surgery caused injury. The dismissal was affirmed for a lack of subject matter jurisdiction.
Trafny's complaint for post glaucoma surgery denial of medication sought $13 million plus and he alleged that the BOP subjected him to cruel and unusual punishment for the resulting damage to his vision. The U.S. Court of Federal Claims dismissed the claim holding that tortious actions and the lack of "money mandating" provisions contained within the Eighth Amendment precluded the court from having jurisdiction.
On appeal, the U.S. Court of Appeals for the Federal Circuit held that under the Tucker Act, 28 U.S.C. § 1491, the court was without subject matter jurisdiction and that the dismissal was appropriate. See: Trafny v. United States, 503 F.3d 1339 (Fed. Cir. 2007).
Trafny's complaint for post glaucoma surgery denial of medication sought $13 million plus and he alleged that the BOP subjected him to cruel and unusual punishment for the resulting damage to his vision. The U.S. Court of Federal Claims dismissed the claim holding that tortious actions and the lack of "money mandating" provisions contained within the Eighth Amendment precluded the court from having jurisdiction.
On appeal, the U.S. Court of Appeals for the Federal Circuit held that under the Tucker Act, 28 U.S.C. § 1491, the court was without subject matter jurisdiction and that the dismissal was appropriate. See: Trafny v. United States, 503 F.3d 1339 (Fed. Cir. 2007).
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Related legal case
Trafny v. United States
| Year | 2007 |
|---|---|
| Cite | 503 F.3d 1339 (Fed. Cir. 2007) |
| Level | Court of Appeals |
| Injunction Status | N/A |