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Article • October 19, 2015
$975,000 for Prison Clinic Error to Prisoner’s Estate by $975,000 for Prison Clinic Error to Prisoner’s Estate The Big Sandy Federal Prison settled for $975,000 in August 2012 with the estate of prisoner Timothy Bell before a magistrate judge. A prison doctor, in July 2008, ordered that a “Priority!!!” biopsy …
Article • September 25, 2015 • from PLN October, 2015
West Virginia Prisoner Wins Over $905,000 in FTCA Claim by Derek Gilna West Virginia Prisoner Wins Over $905,000 in FTCA Claim by Derek Gilna A federal prisoner was seriously and permanently injured when, after fleeing from a prison fight, he slipped in a pool of blood and slammed into a …
Article • July 7, 2015 • from PLN July, 2015
Supreme Court Holds Equitable Tolling Excuses Missed Federal Tort Claim Filing Deadlines by Derek Gilna Supreme Court Holds Equitable Tolling Excuses Missed Federal Tort Claim Filing Deadlines by Derek Gilna It’s not easy to sue the United States for damages. According to the Supreme Court, “The Federal Tort Claims Act …
Brief • May 29, 2015
Hill v. BOP, CO, Settlement Agreement, 2015 THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 13-cv-03404-MSK-NYW SCOTT HILL a/kla SAMANTHA HILL Plaintiff, v. UNITED STATES BUREAU OF PRISONS, a United States agency, MICHAEL K. NALLEY, Regional Director, North Central Region, Bureau of Prisons, sued in …
Shelton v. Kane, 3rd Circuit, Opinion, Violence in Special Management Units, 2015 Case 3:11-cv-01618-WJN-MCC Document 71-1 Filed 03/02/15 Page 1 of 25 PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ____________ No. 12-4226 _____________ NORMAN SHELTON, Appellant v. BRYAN A. BLEDSOE, Warden of USP Lewisburg; THOMAS A. KANE, …
Article • March 15, 2014 • from PLN March, 2014
The Federal Tort Claims Act: A Primer by Derek Gilna The Federal Tort Claims Act (FTCA) is outlined in various sections of Chapter 28 of the United States Code, which describe the steps necessary to file and maintain a tort action against the U.S. government. The FTCA is the exclusive …
Article • March 15, 2014 • from PLN March, 2014
Seventh Circuit Upholds FTCA Venue Transfer by The Seventh Circuit Court of Appeals has upheld the transfer of a former federal prisoner’s negligence action from Illinois to Kansas. Daniel Hudson relocated to Illinois following his release from a federal prison in Kansas. He filed a Federal Tort Claims Act (FTCA) …
Article • June 15, 2013 • from PLN June, 2013
U.S. Supreme Court Reinstates BOP Prisoner's FTCA Suit by J.R. Bloom On March 27, 2013, the U.S. Supreme Court clarified that the scope of the Federal Tort Claims Act's waiver of sovereign immunity for certain intentional torts committed by federal law enforcement officials was not limited to executing searches, seizing …
Brief • May 20, 2013
Thomas v. United States, NY, Stipulation and Order of Settlement and Discontinuance, 2013 05/28/2013 15:16 2122272928 JEFFREY ROTHMAN PAGE 02/05 ~--------------~ USDCSDNY DOCUMENT ELECTRONICALLY FILED UNITED STATES DISTRICT SOUTHERN DISTRJCT OF NE:w:-:1~~~:.X!:~_J DOC# ~ DATE FILED3/ f2/7:3 ----------------------------------------------------------X HOWARD THOMAS, Plaintiff, v. UNITED STATES OF AMERlCA. et al., Defendants. STIPULATION …
Article • April 15, 2013
1st Circuit Affirms Federal Tort Claims Judgment Against FBI in Bulger Cases by Derek Gilna The U.S. Court of Appeals for the 1st Circuit has affirmed the judgments entered against the Federal Bureau of Investigation, (FBI), under the Federal Tort Claims Act, (FTCA). In the most recent chapter of the …
US Court of Appeals Reverses Federal Employee Assault Claim Against Coworker by The United States Court of Appeals for the Fourth Circuit reversed in March 2012 the sovereign immunity finding of the U.S. District Court, Eastern District of Virginia, and remanded for further proceedings the cause of contract security officer …
Article • April 15, 2013
Heck Does Not Apply to Released Prisoner Seeking Damages for Sentence Miscalculation by Brandon Sample The U.S. Supreme Court's decision in Heck v. Humphrey does not bar a released federal prisoner's false imprisonment claims under the Federal Tort Claims Act (FTCA), the U.S. Court of Appeals for the Eleventh Circuit …
Article • April 15, 2013
Sixth Circuit Holds FTCA Bars False Arrest Claim; Summary Judgment for Media Upheld by The Sixth Circuit Court of Appeals affirmed the dismissal of a Tennessee woman's false arrest claims against the United States. It also affirmed the dismissal of defamation and false light claims against a media outlet. In …
Article • March 15, 2013
U.S. Liable Under FTCA for Trauma of Home Raid Resulting from Postal Service Employee's Misinforming Law Enforcement by Michael Brodheim by Mike Brodheim A federal district judge in New York has held that the United States is liable under the Federal Tort Claims Act (FTCA) for the emotional distress caused …
Thomas v. United States, NY, Amended Complaint, Immigrant Detention, 2013 Case 1:12-cv-09040-CM Document 4 Filed 01/25/13 Page 1 of 13 Case 1:12-cv-09040-CM Document 4 Filed 01/25/13 Page 2 of 13 Case 1:12-cv-09040-CM Document 4 Filed 01/25/13 Page 3 of 13 Case 1:12-cv-09040-CM Document 4 Filed 01/25/13 Page 4 of 13 …
DC Prisoner's False Imprisonment Claims Survive Summary Judgment by A federal court in the District of Columbia (DC) refused to dismiss a former prisoner's claims that she was improperly confined 149 days past her sentence expiration date. On December 15, 2005, Eloise Wormley was sentenced to 12 months in prison, …
BOP Staff at FMC Lexington Recover Monetary Damages and Attorney Fees for Privacy Act Violations by Derek Gilna In a lengthy decision, the Court of Appeals for the Sixth Circuit held that approximately 100 employees of the Bureau of Prisons (BOP) could recover damages under the Federal Tort Claims Act …
Shelton v. Kane, PA, Complaint, Violence in Special Management Units, 2011 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA NORMAN SHELTON, Plaintiff, v. CIVIL ACTION THOMAS R. KANE, JOSEPH NORWOOD, BRIAN A. BLEDSOE, CHUCK MAIORANA, DARRELL YOUNG, KRISTA REAR, J. DUNKELBERGER, JOHN ADAMI, J. FOSNOT, F. …
No FTCA Claim for Property Erroneously Mailed Home By BOP; Failure to Protect Claim Cognizable by Brandon Sample No FTCA Claim for Property Erroneously Mailed Home by BOP; Failure to Protect Claim Cognizable by Brandon Sample The United States is immune from suit under the Federal Tort Claims Act (FTCA) …
Failure to Protect May Raise Claim Under Federal Tort Claims Act by Matthew Clarke by Matt Clarke The Fifth Circuit Court of Appeals held that it was inappropriate to grant summary judgment against a prisoner who was assaulted by gang members after he had warned prison officials of the danger …
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