20 Cited authorities

McNeil v. United States
508 U.S. 106 (1993) Cited 6,742 times
Holding that an action must be dismissed when statutory exhaustion requirement was not met until after action was filed
Johnson v. Sawyer
47 F.3d 716 (5th Cir. 1995) Cited 166 times 1 Legal Analyses
Holding that violation of a duty created by federal law would not support an FTCA claim, but noting that the same violation may constitute a violation of a state-imposed duty on a “negligence per se concept”
McAfee v. 5th Circuit Judges
884 F.2d 221 (5th Cir. 1989) Cited 193 times
Holding that court lacks jurisdiction over FTCA claims that are not administratively exhausted
McGuire v. Turnbo
137 F.3d 321 (5th Cir. 1998) Cited 112 times
Recognizing that a Fourteenth Amendment claim cannot be raised under Bivens because the Fourteenth Amendment applies to state officials, whereas Bivens applies to lawsuits against federal officials
Williams v. U.S.
71 F.3d 502 (5th Cir. 1995) Cited 76 times
Holding that a congressman's allegedly defamatory remarks during an interview about an appropriations bill were within the scope of his employment and noting that "[b]esides participating in debates and voting on the Congressional floor, a primary obligation of a Member of Congress in a representative democracy is to serve and respond to his or her constituents"
Egorov, et al. v. Terriberry, Carroll, et Al
183 F.3d 453 (5th Cir. 1999) Cited 56 times
Affirming dismissal of tortious interference claim where there were no allegations of facts satisfying the elements of a Spurney cause of action
Flory v. U.S.
138 F.3d 157 (5th Cir. 1998) Cited 47 times
Noting that it is "well-settled" that the time limitations are jurisdictional
Reynolds v. United States
748 F.2d 291 (5th Cir. 1984) Cited 60 times
Holding that it is proper to disallow an amendment which was filed "on a date on which the court lacked jurisdiction" and "related back to a date on which the court also lacked jurisdiction"
Kennedy v. Texas Utilities
179 F.3d 258 (5th Cir. 1999) Cited 30 times
In Kennedy v. Texas Utilities, 179 F.3d 258 (5th Cir.1999), the plaintiff was injured when she stepped on a live electrical cable at a park located on land purchased by the government for flood control and other purposes.
Saunders v. Bush
15 F.3d 64 (5th Cir. 1994) Cited 21 times
Recognizing that "persons seeking recovery under the FTCA must first present their `claim to the appropriate Federal agency,' and such claim must be `finally denied by the agency' before suit may be brought in Federal Court"
Section 1346 - United States as defendant
28 U.S.C. § 1346 Cited 24,109 times 23 Legal Analyses
Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"
Section 1746 - Unsworn declarations under penalty of perjury
28 U.S.C. § 1746 Cited 10,086 times 17 Legal Analyses
Permitting the use of declarations instead
Section 2671 - Definitions
28 U.S.C. § 2671 Cited 9,401 times 6 Legal Analyses
Defining "[e]mployee of the government" for purposes of the FTCA as "officers or employees of any federal agency "
Section 2680 - Exceptions
28 U.S.C. § 2680 Cited 7,698 times 12 Legal Analyses
Concluding that claims for injurious falsehoods, disparagement of property, slander of goods, or trade libel are claims arising out of libel or slander under the FTCA
Section 2675 - Disposition by federal agency as prerequisite; evidence
28 U.S.C. § 2675 Cited 7,106 times 1 Legal Analyses
Setting forth FTCA's administrative exhaustion requirement
Section 2679 - Exclusiveness of remedy
28 U.S.C. § 2679 Cited 5,352 times 5 Legal Analyses
Granting tort immunity to federal agency employees
Section 2674 - Liability of United States
28 U.S.C. § 2674 Cited 4,447 times 2 Legal Analyses
Specifying scope of United States' liability
Section 233 - Civil actions or proceedings against commissioned officers or employees
42 U.S.C. § 233 Cited 1,156 times 3 Legal Analyses
Providing a remedy against the United States for certain injuries caused by employees of the Public Health Service, and stating that "[t]he time limit for filing a claim under this subsection ... shall be tolled during the pendency of a [n] [administrative] request for benefits," § 233(p)
Section 14.602 - Requests for medical information
38 C.F.R. § 14.602 Cited 1 times
(a) Where there is indication that a tort claim will be filed, medical records or other information shall not be released without approval of the Regional Counsel. (b) Request for medical records, documents, reports, or other information shall be handled in accordance with the provisions of § 1.511(a)(2) of this chapter. 38 C.F.R. §14.602 38 FR 5470, Mar. 1, 1973, as amended 42 FR 41415, Aug. 17, 1977. Redesignated at 61 FR 27784, June 3, 1996, as amended at 64 FR 47112, Aug. 30, 1999

Porter v. Zimcosky

20 Cited authorities

Holding that an action must be dismissed when statutory exhaustion requirement was not met until after action was filed

Holding that violation of a duty created by federal law would not support an FTCA claim, but noting that the same violation may constitute a violation of a state-imposed duty on a “negligence per se concept”

Holding that court lacks jurisdiction over FTCA claims that are not administratively exhausted

Recognizing that a Fourteenth Amendment claim cannot be raised under Bivens because the Fourteenth Amendment applies to state officials, whereas Bivens applies to lawsuits against federal officials

Affirming dismissal of tortious interference claim where there were no allegations of facts satisfying the elements of a Spurney cause of action

Noting that it is "well-settled" that the time limitations are jurisdictional

Holding that it is proper to disallow an amendment which was filed "on a date on which the court lacked jurisdiction" and "related back to a date on which the court also lacked jurisdiction"

In Kennedy v. Texas Utilities, 179 F.3d 258 (5th Cir.1999), the plaintiff was injured when she stepped on a live electrical cable at a park located on land purchased by the government for flood control and other purposes.

Recognizing that "persons seeking recovery under the FTCA must first present their `claim to the appropriate Federal agency,' and such claim must be `finally denied by the agency' before suit may be brought in Federal Court"

Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"

Permitting the use of declarations instead

Defining "[e]mployee of the government" for purposes of the FTCA as "officers or employees of any federal agency "

Concluding that claims for injurious falsehoods, disparagement of property, slander of goods, or trade libel are claims arising out of libel or slander under the FTCA

Setting forth FTCA's administrative exhaustion requirement

Granting tort immunity to federal agency employees

Specifying scope of United States' liability

Providing a remedy against the United States for certain injuries caused by employees of the Public Health Service, and stating that "[t]he time limit for filing a claim under this subsection ... shall be tolled during the pendency of a [n] [administrative] request for benefits," § 233(p)