· 9/6/2013
Ingram v. Faruque
Citations
- 728 F.3d 1239
- 2013 WL 4767014
- 2013 U.S. App. LEXIS 18585
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that challenges to subject-matter jurisdiction “can take the form of either a ‘facial’ or a ‘factual’ attack”
- stating that § 7316 “applies the remedy available against the United States under the FTCA to damages arising from the provision of medical services by health care employees of the VA” (cleaned up)
- noting Bivens recognized “an implied private action for damages against federal officers alleged to have violated a citizen’s constitutional rights”
- holding VA police to be supporting personnel under the statute
- affirming dismissal of Bivens claim for lack of subject matter jurisdiction where FTCA provided exclusive remedy pursuant to the VA Immunity statute, which mirrored language of § 233(a)
- “[W]e hold that the text of the VA Immunity Statute creates an exclusive remedy that precludes a Bivens claim.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Ebel, Matheson, Murphy
Read full opinion on CourtListenerSourced 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.