Plaintiff-Appellant Delbert Ingram appeals from a district court’s dismissal of his claims against Defendants-Appellees (“Defendants”). Mr. Ingram sued Defendants- Appellees—Dr. Hashib D. Faruque, Dr. Yan Feng, Donna Delise, Kyle Inhofe, Lt. Michael Stevenson, and Captain Tim Collins — claiming that Defendants had violated his rights under the Fourth and Fifth Amendments of the U.S. Constitution by holding him in a psychiatric ward for over twenty-four hours without his consent. Defendants filed motions to dismiss, arguing that, among other things, the district court lacked subject matter jurisdiction over the action, because the Federal Tort Claims Act (“FTCA”) provided the sole remedy for Mr. Ingram’s claims, and that the court therefore should not authorize a judicial remedy under Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971). Fed. R. Civ. P. 12(b)(1).
The district court agreed that it lacked subject matter jurisdiction over Mr. Ingram’s claims, and therefore granted Defendants’ motions to dismiss. Specifically, the court concluded that Mr. Ingram had a remedy available under 38 U.S.C. § 7316 (“VA Immunity Statute”), which applies the remedy available against the United States under the FTCA to damages arising from the provision of medical services by health care employees of the Veteran’s Administration (“VA”). Because of the availability of a remedy under the VA Immunity Statute, it concluded that Mr. Ingram did not have a cause of action under Bivens.
Having jurisdiction under 28 U.S.C. § 1291, we affirm on the basis that Mr. Ingram has, or has had, an adequate alternative remedy available through the VA Immunity Statute and the FTCA, and it is therefore not appropriate to authorize a Bivens remedy for Mr. Ingram. Accordingly, the district court did not err in ruling that it lacked subject matter jurisdiction over Mr. Ingram’s claims.
Judge(s): David Ebel
Jurisdiction: U.S. Court of Appeals, Tenth Circuit
Related Categories: Civil Remedies , Civil Rights , Constitutional Law , Health Care , Torts
|Circuit Court Judge(s)|
|Plaintiff Lawyer(s)||Plaintiff Law Firm(s)|
|Eric Cotton||The Cotton Law Firm PLLC|
|Defendant Lawyer(s)||Defendant Law Firm(s)|
|Sanford Coats||U.S. Department of Justice|
|Laura Grimes||U.S. Department of Justice|
|Suzanne Mitchell||U.S. Department of Justice|