Immunity.
| Position | Brief Article |
U.S. Appeals Court FTCA-Federal Tort Claims Act
BIVENS CLAIMS
Alfrey v. U.S., 276 F.3d 557 (9th Cir. 2002). The personal representative of a federal prisoner who was killed by his cellmate brought Federal Tort Claims Act (FTCA) and Bivens actions against the government and corrections officials. The district court dismissed the Bivens claim and granted summary judgment for the defendants based on the discretionary-function exception to FTCA. The appeals court affirmed in part, reversed in part, and remanded. The appeals court held that Led to state a Bivens claim and that the discretionary-function exception barred an FTCA claim based on the officers' response to the report of the cellmate's...
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