Spinale v. U.S. Department of Agriculture

How courts have described this case

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

• citing, Robinson v. Overseas Military Sales Corp., 21 F.3d 502, 510 (2d Cir. 1994)
• “[T]he only proper defendant in an FTCA action is the United States, and not a federal agency or individual employees of a federal agency . . . .”
• “It is Plaintiffs’ burden to demonstrate that sovereign immunity has been waived.”
• “Where a plaintiff brings a Section 1983 claim against federal defendants in error, the proper course of action is to construe the complaint as stating a cause of action under [Bivens].”
• “The basic rule of federal sovereign immunity is that the United States cannot be sued at all without the consent of or federal officers acting in their official capacities, because an action against them is essentially a suit against the United States.”

Source: CourtListener parenthetical corpus (CC0).