Legal Opinion

Diaz v. United States

Court of Appeals for the Eleventh Circuit

Decided January 29, 1999No. 98-4015PublishedCited by 49 opinions

1Opinion of the Court

FAY, Senior Circuit Judge:

Appellant Lillian Diaz filed a wrongful death claim under the Federal Tort Claims Act for damages allegedly caused by the negligent treatment of her husband, Alejandro Diaz, by the Federal Bureau of Prisons (“BOP”) psychologists and staff, which resulted in his suicide. The district court granted the government’s motion for summary judgement, holding that the claim was barred by the Act’s statute of limitations. The question presented in this appeal is: when does a claim accrue for a wrongful death action under the Federal Tort Claims Act? The district court held…

2Cases cited10 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. United States v. KubrickSupreme Court of the United States · 1979
  3. Kronisch v. United StatesCourt of Appeals for the Second Circuit · 1998
  4. Mayfield v. Patterson Pump CompanyCourt of Appeals for the Eleventh Circuit · 1996
  5. Welch v. Celotex Corp.Court of Appeals for the Eleventh Circuit · 1992

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3Cited by49 opinions

  1. Garza v. United States Bureau of PrisonsCourt of Appeals for the Eighth Circuit · 2002
  2. Plaza Speedway Inc. v. United StatesCourt of Appeals for the Tenth Circuit · 2002
  3. Heinrich v. SweetDistrict Court, D. Massachusetts · 1999
  4. Cascone v. United StatesCourt of Appeals for the First Circuit · 2004
  5. Delma Amburgey v. United StatesCourt of Appeals for the Sixth Circuit · 2013

44 more not listed; retrieve them via the Exa API.

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