· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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