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FTCA Claims May Be Brought Only Against U.S. by A federal district court in North Carolina held that Federal Tort Claims Act (FTCA) claims could be brought against the United States, but not against the Federal Bureau of Prisons (BOP), a correctional institution, or the institution's medical staff. The court …
Federal Tort Claims Act Suit Limitation Construed in Medical Suit by Affirming the U.S. District Court for the Central District of Illinois, the U.S. Seventh Circuit Court of Appeals held that the United States was entitled to summary judgment under the Federal Tort Claims Act (FTCA) in a prisoner's medical …
Exhaustion Not Required for Bivens Claim by Exhaustion Not Required for Bivens Claims The court of appeals for the Fifth Circuit held that federal prisoners pressing Bivens claims against federal officials for only monetary relief need not exhaust meaningless administrative remedies. The court further held that a party is entitled …
$250,000 FTCA Beating Judgment Reversed by The court of appeals for the Eleventh Circuit held that the discretionary function exception to the Federal Tort Claims Act (FTCA) shields the United States from liability for injuries sustained by a federal prisoner, as a result of an attack by another prisoner. A …
$45,000 Award in BOP Tort Claim Medical Neglect Suit by Afederal district court in Texas has awarded a pro se federal prisoner $45,000 under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 2671-2680, for medical neglect by the United States Bureau of Prisons (BOP) in failing to transfer him …
UNICOR Worker Receives $928.32 for Lost Hand by The court of appeals for the Seventh Circuit held that a prisoner could bring a Bivens claim separate from any claim brought under a workers' compensation scheme. However, because the evidence of the prison officials' failure to protect did not rise to …
Bivens Action is Not Time Barred When in Compliance With Rule 3 by Afederal court of appeals reversed a district court's dismissal of a wrongful death complaint filed by the mother of a federal prisoner, Shelia Moore. Moore was put in an administrative segregation cell on suspicion of taking an …
Article • April 15, 1998 • from PLN April, 1998
U.S. Liable for Loss of Prisoner's Property by Afederal district court in Kansas held that federal prisoners can properly seek damages for the negligent loss of their property by prison employees pursuant to the Federal Tort Claims Act (FTCA), 28 U.S.C. § 1346(b), 2671, et seq. Warren Melvin, a federal …
Article • August 15, 1997 • from PLN August, 1997
No Private Cause of Action Under BOP Statute by The court of appeals for the District of Columbia circuit held that 18 U.S.C. § 4042 does not create a private cause of action for constitutional violations against Bureau of Prisons (BOP) officials. Section 4042 sets forth the BOP's duty to …
FTCA Suit Not Barred by Prior Bivens Claim by In a case of first impression the court of appeals for the seventh circuit held that a plaintiff who files and loses a Bivens suit against federal officials is not automatically barred from filing a tort suit against the United States …
Article • June 15, 1997 • from PLN June, 1997
BOP Owes Duty of Care to Prisoners by The court of appeals for the third circuit held that the Bureau of Prisons (BOP) owes federal prisoners a duty of care and that a district court erred in ruling otherwise. Rother Jones is a federal prisoner who filed a negligence suit …
Bivens Provides Remedy for Work Injury to BOP Prisoners by A federal district court in California held that prison officials may not retaliate against prisoners who request medical treatment; that the Prison Industries Fund is the sole remedy for federal prisoners who suffer work related injuries but does not bar …
Article • June 15, 1996 • from PLN June, 1996
IFP Status Not Available for Trivial Suits by The court of appeals for the third circuit has expanded the ability of district courts to dismiss suits filed in forma pauperis by indigents. This case epitomizes the maxim that bad cases make bad case law. Melvin Deutsch is a federal prisoner …
Article • December 15, 1995 • from PLN December, 1995
Jury Demand Must Be Timely by The court of appeals for the eleventh circuit, in a case of first impression for that circuit, held that the right to a jury trial is fundamental and reversed a bench trial ruling against a prisoner holding he should have received a jury trial. …
Article • October 15, 1994 • from PLN October, 1994
Federal Public Defenders Govt. Employees for FTCA by Joseph Sullivan is a federal prisoner who filed suit against the two federal public defenders who represented him in a parole revocation proceeding. Sullivan initially filed suit in federal court under the court's diversity jurisdiction. In a previous decision the seventh circuit …
Okay to Disclose Informant's Identity by David Sterling is a federal prisoner. He is also an informant. During the course of disciplinary proceedings against his cellmate, Lawrence Pekoske, Sterling provided information to Bureau of Prisons (BOP) officials under a promise of confidentiality. Pekoske filed a request to examine his prison …
BOP Not Liable for Guard Raping Prisoner by Lisa Flechsig was a prisoner at the federal women's prison in Lexington, Kentucky. After undergoing surgery she was taken to a local doctor's office for follow up treatment. BOP guard Bruce Trent was assigned to escort Flechsig to the doctor's office. En …
Article • September 15, 1993 • from PLN September, 1993
Placing Con in Cell with Dying PWA Doesn't State Claim by Woodrow Johnson is a federal prisoner confined at FCI Talladega, Alabama. The suit was instituted pro se pursuant to the Federal Tort Claims Act (FTCA), 28 U.S.C. § 2674, Bivens v. Six Unknown Named Agents , 403 U.S. 388, …
Article • August 15, 1993 • from PLN August, 1993
Federal Tort Claims Act Requires Exhaustion by William McNeil was a federal prisoner who was without counsel when he filed his suit under the Federal Tort Claims Act (FTCA). The complaint sought money damages arising from his alleged injury by the U.S. Public Health Service. McNeil submitted a claim for …
US Marshals Liable for Beating by Fred Sandoval is a federal prisoner. While being transported to a court hearing the Marshals Service placed him in a private jail run by the Wackenhut corporation, contracted to the US government. A Wackenhut guard antagonized another prisoner who, thinking Sandoval was the culprit, …
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