Legal Opinion

Allen v. Brown

Court of Appeals for the D.C. Circuit

Decided August 1, 2018No. Civil Action No. 17-1951 (ESH)PublishedCited by 6 opinions

1Opinion of the Court

Accordingly, the Court concludes that the claims in the current litigation are not barred by the doctrine of res judicata.

B. FTCA Judgment Bar

Defendants next argue that because this Court dismissed the FTCA claim in the 2015 Litigation (Count V), plaintiffs' current claims are barred by the FTCA's "judgment bar," 28 U.S.C. § 2676, which provides that:

The judgment in an action under section 1346(b) of this title [the FTCA] shall constitute a complete bar to any action by the claimant, by reason of the same subject matter, against the employee of *36the government whose act or omission gave rise…

2Cases cited26 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  3. White v. PaulySupreme Court of the United States · 2017
  4. District of Columbia v. WesbySupreme Court of the United States · 2018
  5. O'CONNOR v. OrtegaSupreme Court of the United States · 1987

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3Cited by6 opinions

  1. Kathleen Bliss v. Corecivic, Inc.Court of Appeals for the Ninth Circuit · 2020
  2. Allen v. AddiDistrict Court, District of Columbia · 2023
  3. Allen v. BrownDistrict Court, District of Columbia · 2020
  4. Jara v. U.S. Capitol PoliceDistrict Court, District of Columbia · 2023
  5. Lim v. MayorkasDistrict Court, District of Columbia · 2024

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