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“Liberal” Pleading Construction Reveals Negligent Guard Theory Claim by "Liberal" Pleading Construction Reveals Negligent Guard Theory Claim The Second Circuit Court of Appeals has reversed a New York federal district court?s dismissal of claims under the Federal Tort Claims Act (FTCA), finding that the court failed to "liberally" construe the …
Massachusetts District Court: FBI Ordered to Pay $101.7 Million for Malicious Prosecution by Michael Rigby A federal judge in Massachusetts has awarded $101.7 million to four innocent men who were framed by the FBI for a murder they did not commit. In a scathing 228-page decision entered on July 26, …
Article • May 15, 2007
Prisoner's Medical Claim not Winnable Without Expert Testimony by The U.S. Sixth Circuit Court of Appeals, affirming the U.S. District Court, Eastern District of Kentucky, held that a federal prisoner's Federal Tort Claims Act (FTCA) suit for failure to treat his injuries was properly dismissed on summary judgment where the …
Bivens Action Legitimate For Deceased Prisoner's Mother To Pursue Damages by The U.S. Supreme Court held that a Bivens remedy was available to the mother of a prisoner who died while in custody and that the remedy was governed by federal law. Respondent, mother of a prisoner who died while …
United States Supreme Court Rules That Federal Prisoners May Seek Damages Under the Federal Tort Claims Act for Personal Injuries by United States Supreme Court Rules That Federal Prisoners May Seek Damages Under the Federal Tort Claims Act for Personal Injuries In two separate cases, federal prisoners filed claims for …
Article • May 15, 2007
FTCA Claim Barred by Statute of Limitations by The U.S. Court of Appeals for the Eighth Circuit held that the continuing treatment doctrine did not toll the statute of limitations period for filing a medical negligence claim. While in federal custody in January 1997, Steven McCoy had his left leg …
Sixth Circuit: United States Not Liable in Prisoner's Murder by On February 26, 2004 the U.S. Sixth Circuit Court of Appeals held that the United States was immune, pursuant to the "discretionary function exemption" of the Federal Tort Claims Act (FTCA), from liability in a lawsuit brought by the family …
Qualified Immunity for Prison Psychiatrist Who Fails to Protect Prisoner by The plaintiff told a prison psychologist that he thought he was at risk of attack, and she did nothing, concluding that it was all in his head (i.e., he was reliving past trauma). Also, in subsequent sessions, he indicated …
Article • May 15, 2007
Feres Doctrine Bar Military Prisoners FTCA Claim by Feres Doctrine Bar Military Prisoner's FTCA Claim The plaintiff, a prisoner at the U.S. Army disciplinary facility, serving 29 years for kidnapping, rape, and attempted murder, was hurt by a falling ceiling while watching television. His Federal Tort Claims Act suit is …
Article • May 15, 2007
Name Calling Suit Dismissed by The plaintiff's complaint that a prison employee called him a liar and a vexatious litigant with a morally deviant character is not actionable under the Federal Tort Claims Act because the statute exempts libel and slander claims from its waiver of sovereign immunity. The plaintiff …
Discretionary Exception Bars Federal Tort Claim For Cellmate Attack by A federal prisoner filed a Federal Tort Claims Act complaint alleging the Government was negligent in failing to prevent his cellmate from attacking him. The U.S. Court of Appeals for the Seventh Circuit affirmed an Illinois district court's judgment under …
Article • May 15, 2007
D.C. Female Arrestees File Tort Claims Over Illegal Strip Searches by The U.S. District Court, District of Columbia, denied in part and granted in part a motion to dismiss a lawsuit filed by female arrestees against the United States Marshals Service (defendants), for allegedly conducting illegal strip searches on them. …
Article • May 15, 2007
Mailing Out Property Protects Property Interest by The court of appeals for the Tenth circuit held that requiring a federal prisoner to mail out property he was not allowed to have in prison did not deprive the prisoner of his property interest in the property. The court noted that prisoners …
9-11 Detainees' Suit Survives Government's Motion to Dismiss by Matthew Clarke By Matthew T.Clarke On. September 27, 2005, a federal district court in New York issued a 70-page, unpublished memorandum and order granting in part and denying in part the defendants' motion to dismiss civil rights conditions-of confinement claims brought …
Failure to Protect Federal Informant's Wife Not Actionable by A Massachusetts's federal district Court held the U.S Government cannot be held liable for a decision of whether to protect or how to protect an individual. This action was brought by the wife of a federal informant who was serving the …
BOP Prisoner Bystander Hurt in Gang Fight States FTCA Claim by The plaintiff sued under the Federal Tort Claims Act alleging that prison staff negligently permitted him to be injured as a result of a gang fight in which he was not involved, and that he did not receive proper …
BOP Prisoners Bunk Injury Dismissed Under FTCA by The plaintiff fell out of a bunk bed and injured his knee. He had an order to be placed in a lower bunk but didn't tell anybody about it. The order was in the prison computer but the responsible employee didn't look …
IFRP Claim Not Exhausted by The plaintiff alleged he was placed on "refusal status" for declining to pay more to the Inmate Financial Responsibility Program. The plaintiff failed to exhaust his administrative remedies. He said he repeatedly asked for the necessary grievance form and did not get it because inter …
Suit Over Seizure of IRA Refund Check Dismissed by The plaintiff received a $617.15 refund check from the IRS, about 50% of which reflected an earned income credit, but prison officials sent the check back per an agreement to return prisoners' tax refunds to IRS for review. The plaintiff is …
No Jurisdiction for Claim of Rape in Indian Jail by The plaintiff alleged that while she was in a detention center operated by the Bureau of Indian Affairs she was sexually assaulted and battered by a guard. The court lacked jurisdiction over her claim for intentional infliction of emotional distress …
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