State v. Poehler

How courts have described this case

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

• declining to apply the judgment bar “because the action was not properly brought under the Federal Tort Claims Act in the first place and is a nullity.”
• distinguishing between FTCA actions dismissed on subjective-matter- jurisdiction grounds, as opposed to merits grounds, but implicitly accepting that § 2676 reaches both judgments adverse to and in favor of the government
• stating in dicta that for “a judgment of dismissal based on the statute of limitations, laches, release, res judicata, or improper venue will justify the assertion of the judgment bar in a subsequent Bivens action”

Source: CourtListener parenthetical corpus (CC0).