Legal Opinion
Allen W. HICKS, Plaintiff-Appellant, v. Dr. Elisabeth SMALL, M.D., Defendant-Appellee
Court of Appeals for the Ninth Circuit
Decided October 23, 1995No. 94-15011PublishedCited by 74 opinions
1Opinion of the Court
EZRA, District Judge:
This appeal presents two principal issues. First, does the Veterans’ Judicial Review Act of 1988, 38 U.S.C. § 7251 et seq. (1991) (“the VJRA”), provide an exclusive remedial structure that precludes Appellant from asserting a Bivens cause of action in district court? Second, did the district court properly determine that it lacked subject matter jurisdiction under 38 U.S.C. § 511(a) (1991), to hear Appellant’s state tort action brought under the Federal Tort Claims Act? We answer both of these questions in the affirmative.
I
Plaintiff-Appellant Hicks receives veterans…
2Cases cited9 opinions
- Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
- Davis v. PassmanSupreme Court of the United States · 1979
- Carlson v. GreenSupreme Court of the United States · 1980
- Schweiker v. ChilickySupreme Court of the United States · 1988
- Love v. United StatesCourt of Appeals for the Ninth Circuit · 1989
4 more not listed; retrieve them via the Exa API.
3Cited by74 opinions
- Christopher I. Simmons v. Sacramento County Superior Court Sacramento County Sheriff's Department and R. Duane SkeltonCourt of Appeals for the Ninth Circuit · 2003
- Veterans for Common Sense v. ShinsekiCourt of Appeals for the Ninth Circuit · 2012
- Estate of Claude Brooks, by and Through Its Administrator, Clarence "Ed" Brooks v. United States of America, and County of AlamedaCourt of Appeals for the Ninth Circuit · 1999
- Price, Gordon E. v. United StatesCourt of Appeals for the D.C. Circuit · 2000
- Anestis Ex Rel. Estate of Anestis v. United StatesCourt of Appeals for the Sixth Circuit · 2014
69 more not listed; retrieve them via the Exa API.