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Blog Posts in Federal Tort Claims Act

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  • Eleventh Circuit of Appeals rejects federal prison inmate’s argument that “discretionary function” exception to Federal Tort Claim Act’s waiver of sovereign immunity should apply if state-law negligence claim also involves unconstitutional conduct

    On June 9, 2021, in Shivers v. United States of America, et al., No. 17-12493, the Eleventh Circuit Court of Appeals ruled that a federal prison inmate’s state-law negligence claim against prison officials under the Federal Tort Claims Act...

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  • Eleventh Circuit Court of Appeals rules that the alleged fondling of a federal inmate’s genitals by a prison guard did not constitute a “sexual act” cognizable under the Federal Tort Claims Act

    On February 26, 2021, in Johnson v. White, et al., No. 19-14436, the Eleventh Circuit Court of Appeals ruled that a federal inmate did not have a cognizable claim against the government under the Federal Tort Claims Act (FTCA) ...

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  • Eleventh Circuit Court of Appeals rules that because federal government had withdrawn certification that defendant health care providers were covered under the FTCA, jurisdiction did not exist for appellate review of district court’s remand of medical negligence case to state court

    On August 25, 2020, in Thomas v. Albany Area Primary Healthcare, Inc., et al., No. 19-11187, the Eleventh Circuit Court of Appeals determined that it did not have jurisdiction to review ...

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  • Eleventh Circuit Court of Appeals rules that discretionary function exception to Federal Tort Claims Act’s waiver of sovereign immunity did not apply in case involving allegedly negligent controlled fire burn by government

    On August 24, 2020, in Foster Logging, Inc. et al, v. USA., No. 18-15033, the Eleventh Circuit Court of Appeals affirmed a district court’s dismissal of the plaintiff’s negligence case ...

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