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· 10/23/1995

Allen W. HICKS, Plaintiff-Appellant, v. Dr. Elisabeth SMALL, M.D., Defendant-Appellee

Citations

  • 69 F.3d 967
  • 95 Cal. Daily Op. Serv. 8232
  • 95 Daily Journal DAR 14206
  • 1995 U.S. App. LEXIS 29769
  • 1995 WL 616594

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that district courts lack jurisdiction to hear challenges to benefits determinations, even if those challenges are framed as tort law claims
  • refusing to grant a Bivens remedy for constitutional state tort violations because Congress set up an elaborate remedial structure through the VJRA
  • affirming a district court’s dismissal of plaintiff’s tort claims because determination of plaintiff’s tort claims “would necessitate a ‘consideration of issues of law and fact involving the decision to reduce [plaintiff’s] benefits’”
  • refusing to allow a Bivens action due to the VJRA's comprehensive, remedial structure
  • declining to extend Bivens to a veteran’s First Amendment retaliation claim
  • dismissal for failure to state a claim under Fed. R. Civ. P. 12(b)(6)

Source: CourtListener parenthetical corpus (CC0).

Judges: Beezer, Thompson, Ezra

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.