Legal Opinion
Castaneda Ex Rel. Estate of Castaneda v. United States
Court of Appeals for the Ninth Circuit
Decided October 2, 2008No. 08-55684PublishedCited by 21 opinions
1Opinion of the Court
MILAN D. SMITH, JR., Circuit Judge:
This appeal requires us to decide whether 42 U.S.C. § 233(a) establishes the Federal Tort Claims Act (FTCA) as the exclusive remedy for constitutional violations committed by officers and employees of the Public Health Service (PHS), precluding the cause of action recognized in Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971). We hold that it does not.
Factual and Procedural Background 1
A. Factual Background
Decedent Francisco Castaneda was imprisoned by the State of California following…
2Cases cited46 opinions
- Estelle v. GambleSupreme Court of the United States · 1976
- Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
- Bell v. WolfishSupreme Court of the United States · 1979
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Mitchell v. ForsythSupreme Court of the United States · 1985
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3Cited by21 opinions
- Hui v. CastanedaSupreme Court of the United States · 2010
- Tennison v. City and County of San FranciscoCourt of Appeals for the Ninth Circuit · 2009
- Western Radio Services Co. v. United States Forest ServiceCourt of Appeals for the Ninth Circuit · 2009
- Bakersfield Energy Partners, LP v. CommissionerCourt of Appeals for the Ninth Circuit · 2009
- Estate of Prasad ex rel. Prasad v. County of SutterDistrict Court, E.D. California · 2013
16 more not listed; retrieve them via the Exa API.