Legal Opinion

Kristopher Dykstra v. US Bureau of Prisons

Court of Appeals for the Eighth Circuit

Decided April 6, 1998No. 97-3410PublishedCited by 70 opinions

1Opinion of the Court

BOWMAN, Circuit Judge.

Kristopher Dykstra brought a Bivens 1 action against the United States Bureau of Prisons alleging that prison officials violated his rights under the Eighth Amendment. He also sued under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 1346(b) (1994), claiming that prison officials 1) were negligent in failing to protect him from an assault, and 2) were negligent in treating his post-traumatic stress disorder (PTSD). The District Court dismissed Dykstra’s Eighth Amendment claim. Next, the court dismissed Dykstra’s claim that prison officials were negligent in failing to…

2Cases cited11 opinions

  1. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  2. United States v. GaubertSupreme Court of the United States · 1991
  3. Berkovitz v. United StatesSupreme Court of the United States · 1988
  4. United States v. S.A. Empresa De Viacao Aerea Rio GrandenseSupreme Court of the United States · 1984
  5. United States v. OrleansSupreme Court of the United States · 1976

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3Cited by70 opinions

  1. Michael Rinaldi v. United StatesCourt of Appeals for the Third Circuit · 2018
  2. Simeon Palay v. United StatesCourt of Appeals for the Seventh Circuit · 2003
  3. Hart v. United StatesCourt of Appeals for the Eighth Circuit · 2011
  4. Greg Herden v. United StatesCourt of Appeals for the Eighth Circuit · 2013
  5. Douglas D. Webb v. Lawrence County, South Dakota Charles Crotty, in His Individual Capacity and Official Capacity as Lawrence County SheriffCourt of Appeals for the Eighth Circuit · 1998

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