Legal Opinion
Manning v. United States
Court of Appeals for the Seventh Circuit
Decided October 6, 2008No. 07-1120, 07-1427PublishedCited by 42 opinions
1Opinion of the Court
BAUER, Circuit Judge.
If a federal law enforcement officer commits a tort, the victim has two distinct avenues of relief: he may pursue a constitutional tort claim against the individual officer under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), or he may pursue a common law tort claim against the United States pursuant to the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346, 2671-80. The latter avenue is subject to an important caveat. Under 28 U.S.C. § 2676, a judgment in an FTCA action acts as a complete bar to any…
2Cases cited21 opinions
- Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
- Carlson v. GreenSupreme Court of the United States · 1980
- Exxon Mobil Corp. v. Allapattah Services, Inc.Supreme Court of the United States · 2005
- Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
- Dodd v. United StatesSupreme Court of the United States · 2005
16 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Robinson v. SherrodCourt of Appeals for the Seventh Circuit · 2011
- Daniel Engel v. Robert BuchanCourt of Appeals for the Seventh Circuit · 2013
- Unus v. KaneCourt of Appeals for the Fourth Circuit · 2009
- Levitt v. Southwest Airlines Co.Court of Appeals for the Seventh Circuit · 2015
- Walter Himmelreich v. Federal Bureau of PrisonsCourt of Appeals for the Sixth Circuit · 2014
37 more not listed; retrieve them via the Exa API.