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Article • March 15, 2011
Third Circuit Says Asthma May be Physical Injury by The Third Circuit Court of Appeals vacated a lower court’s dismissal of a federal prisoner’s Federal Tort Claims Act (FTCA) negligence claim for failing to show a sufficient physical injury under the Prison Litigation Reform Act (PLRA). Federal prisoner Mike Perez …
California: State May Be Liable for Delaying Medical Care to Prisoner’s Infant Child by The California Court of Appeal has held that the State may be vicariously liable for the acts or omissions of its employees in failing to provide needed medical care for an infant living with its mother …
U.S. Supreme Court: No Bivens Remedy Available Against PHS Staff by Brandon Sample On May 3, 2010, the U.S. Supreme Court held that employees of the U.S. Public Health Service (PHS) may not be sued for constitutional violations under Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (1971). …
Media Agencies Intervene to Unseal Records in Prisoner’s Wrongful Death Suit by Brandon Sample On November 4, 2005, Earl Krugel was killed while exercising on the recreation yard at the Federal Correctional Institution (FCI) in Phoenix, Arizona, a medium-security facility. Krugel, an activist for the Jewish Defense League, had been …
Judge Slams Bureau for Inmate's Solitary Lockup, Daily Business Review, 2010 JUSTICE WATCH John Pacenti JUDGE SLAMS BUREAU FOR INMATE'S SOLITARY LOCKUP N icole Defontes pulled her life back together in dramatic fashion after serving 41/2 years in federal prison for participating in a cocaine deal with her then-boyfriend. But …
Ninth Circuit: 42 U.S.C. § 233(a) Does Not Immunize Public Health Service Employees from Bivens Constitutional Tort Claims by John Dannenberg Ninth Circuit: 42 U.S.C. § 233(a) Does Not Immunize Public Health Service Employees from Bivens Constitutional Tort Claims by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals …
First Circuit Upholds $101,750,000 in Damage Awards in FBI Misconduct Case by Matthew Clarke by Matt Clarke On August 27, 2009, the First Circuit Court of Appeals upheld an almost $102 million judgment in a lawsuit filed against the federal government after the FBI helped an informant secure the convictions …
BOP Settles FTCA Abuse/Religious Discrimination Suit for $48,000 by Brandon Sample O n August 12, 2009, the Federal Bureau of Prisons (BOP) agreed to settle a lawsuit by a Muslim former prisoner who alleged that he was tortured and beaten after complaining to investigators about his Quar’an and Kufi being …
Seventh Circuit Reverses Dismissal of 8th Amendment and FTCA Medical Claims; Case Settles on Remand for $20,000 by The U.S. Court of Appeals for the Seventh Circuit has reversed, for the second time, a grant of summary judgment to two Bureau of Prisons (BOP) medical employees and the United States …
$25,000 Settlement For Tourist Injured Visiting Alcatraz by On January 26, 2009, the United States agreed to pay $25,000 to a tourist injured while visiting Alcatraz, a federal prison turned national park. Roberta Klein sued the United States under the Federal Tort Claims Act after she fell and suffered severe …
Statute of Limitations Bars Damages Claim for Voluntary Participation in Human Experiments; Ninth Circuit Reverses and Remands; Case Settles for $1.5 Million by An Oregon federal district court granted summary judgment against a former prisoner who brought suit on his behalf and that of a class of Oregon Department of …
First Circuit Upholds $3.1 Million FTCA Award Against FBI for Revealing Informant by On October 16, 2008, the U.S. Court of Appeals for the First Circuit upheld a $3.1 million award under the Federal Tort Claims Act (FTCA) to the family of an informant whose identity was released by an …
BOP Failed to Protect Female Prisoner Informant from Rape, Sexual Abuse by Guards by Brandon Sample The federal Bureau of Prisons (BOP) was “woefully deficient” in failing to protect a female prisoner from sexual abuse by BOP guards, U.S. District Court Judge Cecilia M. Altonaga concluded in November 2008, following …
Article • July 15, 2009
Prisoner’s Family Wins Suit Against BOP Following Prisoner’s Suicide by The family members of Billy Joe Chilton filed a claim under the Federal Tort Claims Act, 28 U.S.C. 1346(b) and 28 U.S.C. Sections 2671, et seq., as well as the Missouri Wrongful Death Statute, alleging that the Federal Bureau of …
Summary Judgment Denied To United States In FTCA Suit Alleging Sexual Assault By BOP Staff Member by U.S. District Judge Petrese B. Tucker has denied summary judgment to the United States in a Federal Tort Claims Act (FTCA) suit alleging sexual assault by a former BOP staff member. Kimberley Yates, …
FTCA Claim Fails for Acts Committed Outside Scope of Actor’s Employment by The Eighth Circuit Court of Appeals has affirmed the dismissal of a claim brought under the Federal Tort Claims Act (FTCA), holding the action could not proceed for lack of subject matter jurisdiction because the Bureau of Indian …
False Imprisonment, False Arrest and Malicious Prosecution Claims Cognizable Under FTCA by The Eleventh Circuit Court of Appeals has held that the United States has waived sovereign immunity under the Federal Tort Claims Act (FTCA) for claims alleging false imprisonment, false arrest and malicious prosecution arising out of acts or …
$3.1 Million Awarded to FBI Informant's Family by On October 16, 2008, the First Circuit U.S. Court of Appeals affirmed the September 2006 findings of the U.S. District Court for Massachusetts in awarding approximately $3.1 million to the estate of an FBI informant, John McEntyre, who was murdered after the …
Article • April 15, 2009
Section 2501 Imposes Jurisdictional Limitation for False Imprisonment; Claim Must Be Brought Within Six Years by The United States Court of Appeals for the Federal Circuit affirmed a lower court’s dismissal of a false imprisonment claim against the United States. Because the action was not brought within the six year …
$678,505.67 Settlement After Federal Prisoner Dies From Misdiagnosed Cancer by Illinois State resident and executor of her deceased husband's estate, Mary Norton, brought a federal tort action against the United States in 1996. She claimed that her husband James Norton, died due to negligence and medical malpractice. The court awarded …
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