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United States v. Gomez

United States Court of Appeals, Tenth Circuit
May 31, 1967
378 F.2d 938 (10th Cir. 1967)

Summary

holding that § 4126 "constitute the exclusive remedy for injuries received by federal prisoners while performing assigned prison tasks"

Summary of this case from Smith v. U.S.

Opinion

No. 9125.

May 31, 1967.

J.F. Bishop, Washington, D.C. (Barefoot Sanders, Asst. Atty. Gen., Lawrence M. Henry, U.S. Atty., and Morton Hollander, Atty., Dept. of Justice, were with him on the brief), for appellant.

John S. Carroll, Denver, Colo. (Walter L. Gerash, Denver, Colo., was with him on the brief), for appellee.

Before MURRAH, PICKETT and BREITENSTEIN, Circuit Judges.


Appellee-plaintiff recovered a $15,000 judgment against the United States under the Federal Tort Claims Act, 28 U.S.C. § 1346 (b), 2671 et seq. The award was for injuries sustained in the operation of a power saw while he was engaged in work on a prison construction crew as a federal prisoner in a federal correctional institution. The trial court concluded that such recovery was proper under United States v. Muniz, 374 U.S. 150, 83 S.Ct. 1850, 10 L.Ed.2d 805. After the judgment was entered, the Supreme Court of the United States held in United States v. Demko, 385 U.S. 149, 87 S.Ct. 382, 17 L.Ed.2d 258, that the compensation benefits provided by 18 U.S.C. § 4126 constitute the exclusive remedy for injuries received by federal prisoners while performing assigned prison tasks. That decision precludes recovery under the Federal Tort Claims Act in the instant case.

The judgment is reversed and the case remanded with directions to dismiss the action.


Summaries of

United States v. Gomez

United States Court of Appeals, Tenth Circuit
May 31, 1967
378 F.2d 938 (10th Cir. 1967)

holding that § 4126 "constitute the exclusive remedy for injuries received by federal prisoners while performing assigned prison tasks"

Summary of this case from Smith v. U.S.
Case details for

United States v. Gomez

Case Details

Full title:UNITED STATES of America, Appellant, v. Victor John GOMEZ, Appellee

Court:United States Court of Appeals, Tenth Circuit

Date published: May 31, 1967

Citations

378 F.2d 938 (10th Cir. 1967)

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