Legal Opinion
David Jay Sterling v. United States
Court of Appeals for the Seventh Circuit
Decided June 3, 1996No. 95-1459PublishedCited by 31 opinions
1Opinion of the Court
EASTERBROOK, Circuit Judge.
The question presented by this case — which appears to be a novel issue — is whether someone who files and loses a Bivens suit against a federal employee is entitled to pursue a tort action against the United States. The district judge said no; we hold that the answer is yes and remand for proceedings on the merits.
David Jay Sterling alleges that, while he was a federal prisoner at Lewisburg, officer Miller either lost or intentionally destroyed a duffel bag full of legal materials. Sterling was sent to the “special housing unit.” While he was there, four bags of…
2Cases cited15 opinions
- Kentucky v. GrahamSupreme Court of the United States · 1985
- Daniels v. WilliamsSupreme Court of the United States · 1986
- Parratt v. TaylorSupreme Court of the United States · 1981
- McNeil v. United StatesSupreme Court of the United States · 1993
- Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
10 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Brownback v. KingSupreme Court of the United States · 2021
- United States v. County of Cook, IllinoisCourt of Appeals for the Seventh Circuit · 1999
- Christopher Village, L.P. And Wilshire Investments Corp. v. United StatesCourt of Appeals for the Federal Circuit · 2004
- Thomas Perkins v. Board of Trustees of the University of IllinoisCourt of Appeals for the Seventh Circuit · 1997
- Smith v. Metropolitan School District Perry TownshipCourt of Appeals for the Seventh Circuit · 1997
26 more not listed; retrieve them via the Exa API.