Corpeno-Argueta v. United States, & B.I. Inc.

The Supreme Court's decision in Simmons does more to call into question the Seventh Circuit's treatment of the FTCA's exceptions as non-jurisdictional. In that case, the district court dismissed plaintiff's FTCA claim based upon the FTCA's discretionary function exception. Simmons , 136 S.Ct. at 1846. The plaintiff then brought a new lawsuit alleging constitutional violations, but the district court dismissed that lawsuit based upon the FTCA's judgment-bar provision. Id. The Supreme Court held that the judgment-bar provision does not apply to claims that are dismissed under § 2680's…