· 2/24/2009
Wormley v. United States
Citations
- 601 F. Supp. 2d 27
- 2009 U.S. Dist. LEXIS 14118
- 2009 WL 449223
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- dismissing the official capacity claims under Bivens against the federal defendants and leaving only the individual capacity suits
- finding plaintiff's Bivens claims analogous to false imprisonment and false arrest and applying one-year limitations period
- refusing to dismiss common law negligence claim stemming from overdetention in private prison
- FTCA claim for false imprisonment based on over-detention where plaintiff was lawfully taken into custody, but remained in custody for close to five additional months after serving her sentence
- \Bivens remedies have been extended [only] to a limited number of scenarios\
- “The Court need not at this stage determine whether [the defendant] in fact owed a duty to plaintiff or whether plaintiff was in fact unlawfully detained. Plaintiff does state a claim that could plausibly entitle her to relief.” (emphasis in original)
Source: CourtListener parenthetical corpus (CC0).
Judges: Royce C. Lamberth
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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