· 12/29/2015
Joshua Rich v. United States
Citations
- 811 F.3d 140
- 2015 WL 9466900
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that decisions concerning whether to separate prisoners are “precisely the kind of determinations that the discretionary function exception is intended to protect”
- holding that “discretionary conduct cannot be grounded in a policy decision when that conduct is marked by individual carelessness or laziness”
- holding that a district court did not abuse its discretion in denying discovery on a jurisdictional issue because there were \no facts that [the plaintiff] could have uncovered in discovery [that] would establish jurisdiction\
- holding that officers’ failure to properly pat- and wand-search inmate who attacked fellow inmate in rec cage with makeshift knife would not be covered by the discretionary function exception and would, if proven, amount to negligence
- explaining that jurisdictional analysis is intertwined with the merits when it “require[s] the consideration of merits-based evidence”
- stating that a district court’s dismissal for lack of subject matter jurisdiction is reviewed de novo
Source: CourtListener parenthetical corpus (CC0).
Judges: Keenan, Wynn, Diaz
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.