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No Remedy for Mexican Doctor Kidnapped, Tortured by DEA by The plaintiff, a Mexican physician, was believed by Drug Enforcement Administration officials to have assisted in the interrogation and torture of a DEA agent in Mexico, and was indicted in California. The DEA hired Mexican nationals to seize him and …
Tenth Circuit Affirms Suicide Verdict in Trentadue Case by The decedent, arrested for a traffic violation and found to have an outstanding warrant for federal parole violations, was sent to a federal prison for a parole violation hearing, asked for protective custody two days later, and was found in his …
BOP Liable for Medical Neglect under State Tort Law by BOP Liable for Medical Neglect Under State Tort Law A federal district court in Pennsylvania held that the Bureau of Prisons (BOP) was liable under the Federal Tort Claims Act for injuries a federal prisoner suffered as a result of …
Article • May 15, 2007
U.S. Liable to Victim for Failing to Treat Psychotic Prisoner by The court of appeals for the Fifth circuit held that the United States was liable for the behavior of an untreated, psychotic prisoner who raped and killed three women in Alabama after being released from BOP custody. U.S. was …
Article • May 15, 2007
US Supreme Court Held Plaintiff Must Inform Himself Of His Legal/Medical Rights; Defines When Claim Accrues by US Supreme Court Held Plaintiff Must Inform Himself Of His Legal/Medical Rights; Defines When Claim Accrues The US Supreme Court held that any claim against the United States in a Federal Tort Claims …
FTCA Judgment Facts Suit Against U.S. Bars Bivens Action Based on Same Facts by The Court of Appeals for the Tenth Circuit held that a judgment in a Federal Tort Claims Act (FTCA) suit against the United States bars a Bivens action based on the same conduct. A transsexual former …
Texas Supreme Court Clarifies Tort Claim Act Notice Requirement by Matthew Clarke by Matthew. T. Clarke The Supreme Court of Texas has held that an accident investigation by a governmental under certain circumstances, suffice for the notice required by the Texas Tort Claims Act, § 101.101, Texas Civil Practice and …
§ 1983 Or Bivens Required When Suing Post Office For Lost Property by The United States Court of Appeals for the Tenth Circuit has found the United States immune from a tort action over a prisoner's property lost by the Postal Service. Peter Georgacarakos, a federal Bureau of Prisons (BOP) …
BOP Work Injuries Not Cognizable Under FTCA by A federal prisoner in California who alleged his pre-existing knee injury was exacerbated by prison officials' delay in providing medical treatment could not pursue a Federal Tort Claims Act suit because the re-injury occurred while he was at work and the Prison …
Conflict of Law Analysis Required in Multi State FTCA Litigation by Dana Maye El filed a pro se suit against the United States for unspecified torts under the Federal Torts Claim Act in New Jersey raising claims that occurred in New Jersey, Missouri, and Pennsylvania. The district court granted the …
Minor Plaintiff's FTCA Claims Not Tolled by The decedent, an immigration detainee, was killed by another detainee. His wife's and adult children's Bivens claims were time-barred, but the claims of the minor children are tolled under California law until they file suit or reach the age of majority. The fact …
FTCA Doesn't Apply to BOP Surgeon Contractor by The plaintiff federal prisoner sued his surgeon for malpractice; the court substituted the United States as defendant per the Federal Tort Claims Act; the U.S. said that the surgeon is an independent contractor, not a federal employee, so the substitution was wrong …
Prisoner Can Block Repayment of Social Security Payments in Court by The plaintiff was imprisoned and the Social Security Administration notified him that it was stopping his retirement benefits and seeking $9,577 in overpayments received before they figured out he was locked up. SSA refused to waive the overpayment under …
FTCA Does Not Apply to Prisoner's Property Mailed Outside Prison by Affirming the District Court of Kansas, the U.S. Tenth Circuit Court of Appeals held that the Federal Tort Claims Act (FTCA) does not apply to a federal prisoner's personal property mailed outside of prison. Samuel Haywood Myles, a prisoner …
Article • January 15, 2007 • from PLN January, 2007
Fourth Circuit Holds FTCA Applies to BOP Property Claims by The Fourth Circuit Court of Appeals joined the Sixth, Seventh and District of Columbia Circuits in holding that Bureau of Prisons (BOP) guards are not ?law enforcement officers? for purposes of 28 U.S.C. § 2680(c). The Fifth, Eighth, Ninth, Tenth, …
Seventh Circuit Discusses Administrative Exhaustion by The Seventh Circuit Court of Appeals has held that a prisoners amended complaint was the functional equivalent of a new complaint, and that new claims that were administratively exhausted after the original complaint was filed satisfied the Prison Litigation Reform Acts (PLRA) exhaustion requirement. …
Article • November 15, 2006 • from PLN November, 2006
$1,156,149 Awarded to Former Federal Prisoner for Failure to Diagnose and Treat Throat Cancer by The U.S. District Court for the Eastern District of New York on September 6, 2005, awarded $1,156,149 to former Bureau of Prisons (BOP) prisoner Hernando Lopez for failure to diagnose and treat throat cancer over …
Article • November 15, 2006 • from PLN November, 2006
Federal Prisoner Awarded $150.00 For Food Poisoning by Michael Rigby On February 17, 2006, the U.S. District Court for the Middle district of Florida awarded $150.00 to a federal prisoner who contracted food poisoning while imprisoned at FCC Coleman-Low. On April 23, 2002, prisoners eating breakfast in the chow hall …
Article • August 15, 2006 • from PLN August, 2006
Florida District Court Awards Federal Prisoner $829.65 for Lost Property by The U.S. District Court for the Northern District of Florida, Tallahassee Division, has awarded a federal prisoner $829.65 for lost property. Plaintiff Iris Pereira sued the United States seeking compensation for several items of personal property lost during her …
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