Federal prisoner could not pursue claims against Bureau of Prisons personnel for confiscation of his property, items of which they allegedly either failed to return, destroyed, or gave to another prisoner. An exception to the Federal Tort Claims Act (FTCA), 28 U.S.C. Sec. 2671 for damage to property detained by law enforcement officers applies to federal correctional officers, as recently determined by the U.S. Supreme Court in Ali v. Fed. Bureau of Prisons, No. 06-9130, 128 S. Ct. 831 (2008), so that there was no jurisdiction to hear his claims. That provision, found in 28 U.S.C. Sec. 2680(c), is an exception to the FTCA's waiver of sovereign immunity. Gordon v. U.S.A., No. 06-4961, 2008 U.S. App. Lexis 10850 (Unpub. 3rd Cir.).
     Federal appeals court orders further proceedings as to whether prisoner adequately showed that he suffered physical injuries, including an asthma attack, after a prisoner who was drunk and smoking cigarettes was placed in his cell in order to be able to recover mental or emotional damages as required by 28 U.S.C. Sec. 1346(b)(2) of the Federal Tort Claims Act, and 42 U.S.C. Sec. 1997e(e) of the Prison Litigation Reform Act. Perez v. U.S., No. 07-1199, 2008 U.S. App. Lexis 6494 (3rd Cir.).
     A federal prisoner transferred from a facility in Atlanta, Georgia to one in Kentucky allegedly noticed that a number of items were missing from his property, which the federal Bureau of Prisons had shipped to his new facility. He filed a lawsuit under the Federal Tort Claims Act (FTCA), 28 U.S.C. Sec. 1346, seeking recovery of damages. The property involved included items of religious and nostalgic significance, including two copies of the Qur'an, a prayer rug, and religious magazines, with an estimated total value of $177. The U.S. Supreme Court ruled that an exception to the FTCA's waiver of sovereign immunity for actions of federal employees, which bars liability arising from the detention of any property "by any officer of customs or excise or any other law enforcement officer," 28 U.S.C. Sec. 2680(c), applies to all law enforcement officers, including federal correctional officers. The Supreme Court therefore upheld the dismissal of the prisoner's lawsuit. Ali v. Fed. Bureau of Prisons, No. 06-9130, 2008 U.S. Lexis 1212.
     Federal government was not liable under the Federal Tort Claims Act, 28 U.S.C. Sec. 2671 et seq. for failure to protect a prisoner from an assault by another inmate on the basis of the alleged failure of the prison staff to supervise and monitor a stairwell while prisoners were passing through it. The federal government was entitled to summary judgment under a "discretionary function" exception to liability under the Act, as the prisoner failed to show any evidence that there was a mandatory duty to monitor a specific inmate or the area of the stairwell. Queen v. U.S.A., No. 05-3341, 2007 U.S. Dist. Lexis 78823 (D. Kan.).
     Because of a discrepancy between an inventory of inmate property taken at a prior state facility and the inventory taken at a federal facility to which the inmate was transferred, there was a genuine issue as to whether the property was "pilfered" while it was in the custody of federal prison employees, requiring further proceedings on the inmate's claim under the Federal Tort Claims Act, 28 U.S.C. Sec. 1346(b)(1) for the loss of his property, a thermos, a pair of eyeglasses, and a pair of sunglasses. Mathis v. U.S.A., No. 8:05-3000, 2007 U.S. Dist. Lexis 65611 (D.S.C.).
     Trial court improperly dismissed prisoner's claim under the Federal Tort Claims Act, 28 U.S.C. Secs. 1346(b) and 28 U.S.C. Sec. 2680(a)-(n) seeking damages for a correctional officer's alleged negligent loss of his property while he was being transferred to a new cell. The federal appeals court rejected the trial court's ruling that 28 U.S.C. Sec. 2680(c), in stating an exception to liability under the Act for the detention of goods "by any officer of customs or excise or any other law enforcement officer" applied to actions of a correctional officer. That section, the appeals court ruled, in the phrase "any other law enforcement officer," only references law enforcement officers who are "functioning in a capacity akin to that of a customs or excise officer." The plaintiff's claim, therefore, was not barred by Sec. 2680(c), so further proceedings were required. ABC v. DEF, No. 06-1362, 2007 U.S. App. Lexis 21155 (2nd Cir.).
     Appeals court rejects prisoner's argument that independent contractors, such as a medical center and doctors providing medical services to federal prisoners were agents of the government. The waiver of sovereign immunity contained in the Federal Tort Claims Act, 28 U.S.C. Secs. 2671-2680 does not apply to negligent acts of independent contractors. Additionally, even if the Chief Health Programmer at a facility was found to be a federal employee, a doctor's alleged negligent action of tearing the prisoner's stitches while conducting an examination of his eye was a "subsequent cause," so that any negligence by the Programmer was not the cause of the prisoner's injuries. The prisoner's claims were therefore properly dismissed. Lopez-Heredia v. University of Texas Medical Branch Hospital, No. 05-11365, 2007 U.S. App. Lexis 16102 (5th Cir.).
     In a lawsuit by a federal prisoner under the Federal Tort Claims Act, 28 U.S.C. Sec. 2680, concerning an alleged attack on him by other prisoners, the court ruled that the only proper defendant was the United States government, rather than the Bureau of Prisons, the defendant the plaintiff prisoner named. The court therefore properly dismissed the Federal Tort Claims Act claim. The prisoner also failed to properly state a federal civil rights claim against defendants who were supervisory prison officials, since he did not show that they were either involved personally in the incident, or had carried out an improper policy that caused the injuries he suffered. The conduct claimed, at most, suggested possible negligence, which is inadequate for a showing of a violation of constitutional due process. Toledo v. Bureau of Prisons, No. 06-11265, 2007 U.S. App. Lexis 13441 (5th Cir.).
     A Florida prisoner's dental malpractice claim accrued in 1999 for purposes of a two-year state statute of limitations, since he then knew that several root canals had failed, even if he did not learn the exact reason for the failure until later. His malpractice claim, filed in 2002, was therefore time-barred. The prisoner's Eighth Amendment claim alleging cruel and unusual punishment could not be pursued against a federal agency under the Federal Tort Claims Act (FTCA), 28 U.S.C. Secs. 2671-80, and accordingly was properly also dismissed. Trupei v. U.S. Dept. of Justice, No. 06-15005, 2007 U.S. App. Lexis 14641 (11th Cir.).
     Federal prison officer did not act within the scope of his employment during his alleged sexual assault on a female prisoner. His alleged wrongful actions did not arise from a legitimate employment duty or goal furthering his employer's interests. The fact that the officer was successfully criminally prosecuted for abuse of a ward under 18 U.S.C. Sec. 2243(b) did not bar the U.S. government from denying that the officer was acting outside of the scope of his employment, because a conviction for that offense did not establish, under Texas state law, that the officer acted within the scope of his employment. Accordingly, the Federal Tort Claims Act (FTCA), 28 U.S.C. Sec. 1346(b) sovereign immunity waiver did not apply. Shirley v. U.S., No. 06-10654, 2007 U.S. App. Lexis 11696 (5th Cir.).
     The limited waiver of sovereign immunity contained in the Federal Tort Claims Act, 28 U.S.C. Sec. 2671 et seq. did not apply to claims concerning the loss of property by a law enforcement officer. An appeals court upheld the trial court's determination that, in a federal inmate's lawsuit against federal prison officials for the alleged taking of his mail and personal property, federal prison officials constituted "other law enforcement officers," and therefore could not be liability for his losses. Bruscino v. Pugh, No. 06-1182, 2007 U.S. App. Lexis 9136 (10th Cir.).
     While the U.S. government was not liable for the intentional actions of one federal prison guard who was convicted of sexual assault of an inmate, there was an issue of material fact as to whether two other guards, who allegedly brought the inmate to that guard at his request, giving him unmonitored access to a female prisoner, in violation of prison regulations, after midnight, led to the assault. Summary judgment denied on plaintiff prisoner's lawsuit under the Federal Tort Claims Act, 28 U.S.C. Sec. 1346. Davis v. U.S., 3:03-CV-0415, 2007 U.S. Dist. Lexis 11198 (N.D. Tex.).
     The Westfall Act, 28 U.S.C. Sec. 2679(b)(1) provides federal employees absolute immunity from tort claims for actions taken in the course of their official duties, and gives the Attorney General the power to certify that a federal employee sued for wrongful or negligent conduct was acting within the scope of his office or employment at the time of the incident. Once that certification takes place, the U.S. government is substituted as the defendant instead of the employee, and the lawsuit is then governed by the Federal Tort Claims Act. Additionally, if the lawsuit began in state court, the Westfall Act provides that it shall be removed to federal court, and renders the Attorney General's certification "conclusive" for purposes of the removal. Once the certification and removal take place, the federal court has the exclusive jurisdiction over the case, and cannot decide to send the lawsuit back to state court. In this case, the U.S. Supreme Court also ruled that certification can take place under the Westfall Act in instances where the federal employee sued asserts, and the Attorney General also concludes, that the incident alleged in the lawsuit never even took place. Osborn v. Haley, No. 05-593 2007 U.S. Lexis 1323. [N/R]
     The federal government, according to a federal appeals court, has waived immunity for the negligent loss of prisoners' property by government employees under the Federal Tort Claims Act, 28 U.S.C. Sec. 1346(b), and subsequent amendments to the Civil Asset Forfeiture Reform Act, which changed the applicable section of the FTCA, 28 U.S.C. Sec. 2680(c), did not alter this. Accordingly, the trial court improperly dismissed a lawsuit for the value of items of property allegedly lost during a prison "shakedown." Dahler v. U.S., No. 05-4782, 2007 U.S. App. Lexis 664 (7th Cir. January 12, 2007) [N/R]
     In federal prisoner's lawsuit claiming that Bureau of Prisons (BOP) personnel did not enforce anti-smoking policies restricting smoking to certain designated areas, a federal trial court ruled that BOP staff had discretion, under the policies and regulations, concerning carrying out the policies. The court therefore dismissed the complaint based on the discretionary function exception of the Federal Tort Claims Act (FTCA), 28 U.S.C. Sec. 2680(a). Reed v. U.S., No. 06-CV-096, 2006 U.S. Dist. Lexis 90547 (E.D. Ky.). [N/R]
     Prisoner could pursue his claim that Bureau of Prisons (BOP) officers lost his personal property, since immunity for law enforcement officers for such losses under the Federal Tort Claims Act (FTCA), 28 U.S.C. Sec. 2680(c) did not apply to those officers. Mendez v. U.S., No. 05-1716, 2006 U.S. Dist. Lexis 76099 (D.N.J.). [N/R]
    Prisoner's lawsuit against Bureau of Prisons officer claiming that his negligence caused the loss of his property was improperly dismissed by the trial court. The actions of the officer were not covered, under these circumstances, by an exception, 28 U.S.C. Sec. 2680(c), to the Federal Tort Claims Act, 28 U.S.C. Secs. 1346 and 2671-2680, waiver of sovereign immunity. Bureau of Prison officers are not "law enforcement officers" for purposes of Sec. 2680(c)'s exception to the waiver of sovereign immunity, the court ruled. U.S. v. Andrews, No. 04-7269, 441 F.3d 220 (4th Cir. 2006) [N/R]
     A correctional officer employed by the federal Bureau of Prisons (BOP) is not a "law enforcement officer" within the meaning of the Federal Tort Claims Act (FTCA) section, 28 U.S.C. 2680(c) which excludes from the Act's waiver of sovereign immunity claims for the "detention of goods" by any officer of customs or excise "or any other law enforcement officer." As a result, the trial court improperly dismissed a FTCA lawsuit by a prisoner for the loss of his property which he claimed was caused by the negligence of a BOP officer. Andrews v. U.S., No. 04-7269, 441 F.3d 220 (4th Cir. 2006). [N/R]
     A federal prisoner's lawsuit under the Federal Tort Claims Act (FTCA), 28 U.S.C. Secs. 1346(b), 2671-80, alleging that he was injured as a result of a negligent failure to train him to use machinery safely during his prison employment was barred by the provisions of the Federal Prison Industries' Inmate Accident Compensation (IAC) system under 18 U.S.C. Sec. 4126. Cordoba v. Morrison, No. 04-3642, 155 Fed. Appx. 933 (8th Cir. 2005). [N/R]
     Even if alleged confiscation of federal prisoner's art supplies violated a Bureau of Prisons' regulation, this was insufficient to state a claim for damages under the Federal Tort Claims Act, 28 U.S.C. Sec. 2680(a), since the discretionary function exception to the statute applied. The regulation itself made discretionary decisions regarding the removal and disposal of art and hobbycraft items. Terrell v. Hawk, No. 05-2642, 154 Fed. Appx. 280 (3rd Cir. 2005). [N/R]
     In a medical malpractice lawsuit brought against prison medical personnel under the Federal Tort Claims Act, 28 U.S.C. Secs. 1346(b), 2671-80, a prisoner failed to prove that they were negligent when they failed to diagnose and treat his deep vein thrombosis. The prisoner complained of one of the symptoms of suchan illness--shortness of breath--only once before an attack resulted in him being hospitalized, so that there was no violation of applicable medical standards. Goines v. Pugh, No. 04-1394, 152 Fed. Appx. 750 (10th Cir. 2005). [N/R]
    Federal government was entitled to sovereign immunity in prisoner's lawsuit claiming that his books and manuscript, mailed to his home by prison officials, were lost. While he claimed that this was due to negligence by the federal Bureau of Prisons (BOP) and post office, an exception to the Federal Tort Claims Act (FTCA), 28 U.S.C. Sec. 1346(b), 2680(b) for "loss, miscarriage, or negligent transmission of letters or postal matters" barred liability. Georgacarakos v. U.S., No. 04-1363, 420 F.3d 1185 (10th Cir. 2005). [N/R]
     Inmate's lawsuit under the Federal Tort Claims Act, 28 U.S.C. Sec. 2401(b) was properly dismissed as untimely when he failed to file it within six months of the Bureau of Prisons' rejection of his application for compensation for prison guards' alleged negligence in failing to protect him from a beating by other inmates. Myles v. US , #02-3944, 2005 U.S. App. Lexis 4646 (7th Cir.). [N/R]
     Federal prisoner stated a viable claim against the U.S. government under the Federal Tort Claims Act (FTCA), 28 U.S.C. Sec. 2675(a), for the alleged wrongful confiscation and destruction of his property by a prison employee. The claim that the prison employee did not follow federal prison regulations in destroying the property before the inmate had a chance to establish his ownership of it, however, did not state a constitutional due process claim when the property was seized from the prison's machine shop rather than the prisoner's cell and the government provided adequate post-deprivation remedies. Bigbee v. United States, No. 05-C-66, 359 F. Supp. 2d 806 (W.D. Wis. 2005). [N/R]
     Federal appeals court orders additional proceedings on whether family members of deceased inmate suffered severe emotional distress, under Oklahoma law, following his death, in a case where family members were awarded $1.1 million in damages under the Federal Tort Claims Act based on alleged outrageous conduct in failing to disclose the battered condition of his body before shipping it to them for burial. Trentadue v. Lee, No. 01-6444, 397 F.3d 840 (10th Cir. 2005). [2005 JB Apr]
     Surviving family of federal prisoner who died from cancer while incarcerated did not have standing under the Federal Tort Claims Act, 28 U.S.C. Sec. 2671 et seq., to pursue claims for emotional distress they allegedly suffered from his death. Gonzalez-Jiminez De Ruiz v. U.S., #03-10274, 378 F.3d 1229 (11th Cir. 2004). [N/R]
     U.S. government could not be sued, under the Federal Tort Claims Act, 28 U.S.C. Sec. 2671 et seq., for negligent hiring, supervision, management, and training of an officer who allegedly raped a female jail inmate while assigned to transport her between correctional facilities. Because the underlying claim arose out of the alleged commission of intentional wrongdoing, the rape, and the FTCA only provides for lawsuits based on negligence, the U.S. government was immune from the plaintiff's claims. Martinez v. U.S., No. CV02-1164, 311 F. Supp. 2d 1274 (D.N.M. 2004). [N/R]
     Prisoner's claim to recover damages for a sweat suit worth $25 allegedly negligently lost in federal prison laundry, brought under the Federal Tort Claims Act, was properly dismissed as frivolous. The amount of damages sought in a complaint pursued as a pauper, federal appeals court rules, is a factor which may be taken into consideration in making a determination of frivolity under the Prison Litigation Reform Act. Nagy v. FMC Butner, No. 03-6736, 2004 U.S. App. Lexis 15042 (4th Cir.). [2004 JB Sep]
     Statute of limitations on former federal prisoner's claim against the U.S. government under the Federal Tort Claims Act (FTCA), 28 U.S.C. Secs. 1346, 2671 et seq., for negligence in miscalculating his release date began to run when he obtained habeas relief from his continued incarceration, rather than on the date that the miscalculation was allegedly made. Federal appeals court overturns dismissal of lawsuit as time-barred. Erlin v. U.S., No. 00-16986, 364 F.3d 1127 (9th Cir. 2004). [N/R]
     U.S. government could not be held liable under Federal Tort Claims Act (FTCA), 28 U.S.C. Secs. 1346, 2671 et seq., for alleged negligent care provided to a federal prisoner by a doctor who was an independent contractor rather than an employee. Statute does not authorize lawsuits against the government for the actions of independent contractors. Jones v. U.S., 305 F. Supp. 2d 1200 (D. Kan. 2004). [N/R]
     Federal prison officials were not liable for the death of a prisoner beaten to death by two fellow inmates with a fire extinguisher. Their decisions regarding where to house the prisoner and how to protect his safety fell within the "discretionary function" exception to the Federal Tort Claims Act, as those decisions were discretionary and "grounded in policy," since there was no mandatory course of conduct for officials to follow. Montez v. U.S., No. 02-6303, 359 F.3d 392 (6th Cir. 2004). [2004 JB Jun]
     Dismissal of federal prisoner's claim for alleged loss of his property due to negligence of prison employees was proper. No such claim could be brought under Federal Tort Claims Act, and prisoner failed to exhaust available prison grievance procedure as to any civil rights claim. Further, mere negligence leading to loss of property cannot be the basis of a constitutional claim. Steele v. Federal Bureau of Prisons, #02-1492, 355 F.3d 1204 (10th Cir. 2003). [2004 JB May]
     Federal appeals court reinstates prisoner's claim under the Federal Tort Claims Act for negligently caused injuries resulting from him falling from his top bunk after he was given a medical pass entitling him to a bottom bunk. Bultema v. U.S., No. 02-3490, 359 F.3d 379 (6th Cir. 2004). [2004 JB May]
     Mother of federal prisoner shot and killed while residing in a halfway house could not pursue her claims that the Bureau of Prison violated his constitutional right to protection under the terms of the Federal Tort Claims Act (FTCA), 28 U.S.C. Sec. 1346, 2671 et seq. The FTCA does not waive the sovereign immunity of the U.S. government for constitutional claims, but rather for negligence. Phillips v. Federal Bureau of Prisons, 271 F. Supp. 2d 97 (D.D.C. 2003). [N/R]
     Federal correctional officers were exempt from liability for damages to prisoner's eyeglasses, sent to prison laundry in pocket of his coat, during move from his former cell to administrative segregation. Under Federal Tort Claims Act (FTCA), 28 U.S.C. Sec. 2680, officers were entitled to immunity under "detention of goods" exception to liability, even though they were not aware that the eyeglasses were in their possession. Bramwell v. U.S. Bureau of Prisons, #02-55516, 348 F.3d 804 (9th Cir. 2003). [N/R]
     U.S. government's alleged negligent failure to supervise experiments in which prisoner's testicles were exposed to high levels of radiation could not be the basis of liability under the Federal Tort Claims Act, since such failure fell within a "discretionary function" exception to the Act. Bibeau v. Pacific Northwest Research Foundation, Inc., No. 01-36147, 339 F.3d 942 (9th Cir. 2003). [2003 JB Nov]
     Prisoner's libel and slander claims against federal prison employee for calling him a liar and a "vexatious litigant with a morally deviant character" could not be pursued under the Federal Tort Claims Act (FTCA), 28 U.S.C. Sec. 2671 et seq., since that statute specifically exempts defamation claims. Beckwith v. Hart, 263 F. Supp. 2d 1018 (D. Md. 2003). [N/R]
     No liability for federal prison officials for death of prisoner stabbed by another inmate following a fight over a chess game. Having one officer supervising 219 inmates with violent propensities during a facility-wide move did not, by itself, establish either a violation of civil rights or negligence under the Federal Tort Claims Act, in the absence of any expert testimony or other evidence that this caused the assault. Officer did not act with deliberate indifference to assaulted prisoner's serious medical needs when he summoned help as soon as he learned of the stabbing. Robinson v. U.S. Bureau of Prisons, 244 F. Supp. 2d 57 (N.D.N.Y. 2003). [2003 JB Jul]
     Federal prisoner's civil rights claims concerning alleged confiscation of his wheelchair and destruction of his leg braces, along with discontinuation of his physical therapy following transfer to a new facility, were properly dismissed for failure to exhaust available administrative remedies. Prisoner submitted requests for administrative remedies to warden and then sent new requests to Regional Director instead of submitting appeals to the Regional Director, and no appeals were ever made to the Director of National Inmate Appeals. Federal Tort Claims Act (FTCA), 28 U.S.C. Sec. 2401(b) claims not filed within 6 months of receiving notice of administrative agency denial were time barred. Smith v. U.S., #02-1172, 53 Fed. Appx. 514 (10th Cir. 2002). [N/R]
     Indiana state law did not impose any duty on the federal Bureau of Prisons to assist a diabetic employee who was involved in a fatal auto accident while driving home after becoming ill at work. Defendant had no responsibility to give him medical assistance, prevent him from leaving, or provide him with transportation home. No liability for employee's death under the Federal Tort Claims Act, 28 U.S.C. Sec. 2680(a). Stockberger v. United States, 225 F. Supp. 2d 949 (S.D. Ind. 2002). [N/R]
     298:155 Trial judge's award of $1.8 million in damages for suicide of pre-trial detainee in federal jail overturned; suicide after six months of incarceration was not foreseeable when prisoner had no known prior history of suicide attempts or thoughts; award of $1.6 million for pain and suffering while hanging to death was excessive when no reasoning for the award was offered by the court. Jutzi- Johnson v. United States, #00-2411, 263 F.3d 753 (7th Cir. 2001).
     289:6 Federal prisoner could not sue doctors employed by the Public Health Service for violation of his constitutional rights; a lawsuit against the U.S. government under the Federal Tort Claims Act was his exclusive remedy for any problems arising from his medical treatment by them. Seminario Navarrete v. Vanyur, 110 F. Supp. 2d 605 (N.D. Ohio 2000).
     [N/R] Defamation exception to the Federal Tort Claims Act (FTCA) barred federal correctional officer's intentional tort claim that was not different in any way from his already dismissed defamation claim. Brumfield v. Sanders, No. 00-3275, 232 F.3d 376 (3rd Cir. 2000).
     258:86 Federal prison did not act negligently in failing to prevent prisoner's exposure to TB bacteria when precautions complied with Centers for Disease Control guidelines. McNeal v. United States, 979 F.Supp. 431 (N.D.W.Va. 1997).
     [N/R] Former prisoner could not bring lawsuit under Federal Tort Claims Act based on her allegedly improper detention in federal custody following expiration of her state sentence; federal prison officials were also entitled to qualified immunity since it was not clearly established that she was entitled to credit against her federal sentence for the time she spent in state custody. Puccini v. U.S., 978 F.Supp. 760 (N.D. Ill. 1997).
     Plaintiff inmate did not "exhaust" his administrative remedies before filing a lawsuit against the U.S. government under the Federal Tort Claims Act; fact that plaintiff's administrative claim was rejected after such a suit was filed did not alter requirement that suit be dismissed as prematurely filed. McNeil v. U.S., 113 S.Ct. 1980 (1993).