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Keywords

tortdefendantjurisdictionnegligencemotionmotion to dismisssovereign immunity

tortjurisdictionnegligencemotionmotion to dismisssovereign immunity

Related Cases

Harlan v. United States, Not Reported in Fed. Supp., 2016 WL 7015706

Facts

Kenneth Harlan, an inmate at FPC Yankton, South Dakota, experienced significant tooth pain from April to June 2014. During this time, he made multiple requests for dental care, but due to the absence of a full-time dentist at the facility, his treatment was delayed. Harlan's complaints were managed by a registered dental hygienist and a regional dentist who provided remote oversight, but he ultimately required treatment from a community dentist due to the severity of his condition.

Harlan's complaints of tooth pain began in April 2014, and lasted until June 2014, when Harlan's tooth was examined by a community dentist.

Issue

Did the court have subject matter jurisdiction over Harlan's claims of deliberate indifference and negligence under the Federal Tort Claims Act?

Rule

The FTCA waives the government's sovereign immunity for tort claims, but only if the claims are based on state law causes of action. Constitutional tort claims are not cognizable under the FTCA.

The FTCA waives the government's sovereign immunity for tort claims, but only if the claims are based on state law causes of action.

Analysis

The court analyzed Harlan's claims and determined that he had not established a state-law cause of action for deliberate indifference, as required under the FTCA. Furthermore, since Harlan's claims were based on constitutional violations, they were not actionable against the United States, which is the only named defendant in the case.

The court analyzed Harlan's claims and determined that he had not established a state-law cause of action for deliberate indifference, as required under the FTCA.

Conclusion

The court concluded that it lacked subject matter jurisdiction over Harlan's claims and granted the United States' motion to dismiss.

Who won?

The United States prevailed in the case because Harlan's claims did not meet the jurisdictional requirements under the FTCA.

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Keywords

Related Cases

Gilmore v. Commissioner of Social Sec., Not Reported in F.Supp.2d, 2011 WL 611826

Bowers v. Commissioner of Correction, 33 Conn.App. 449, 636 A.2d 388

Kass v. Commissioner of Internal Revenue, 60 T.C. 218

Helvering v. Bashford, 302 U.S. 454, 58 S.Ct. 307, 82 L.Ed. 367, 38-1 USTC P 9019, 19 A.F.T.R. 1240, 1938-1 C.B. 286

Estate of Squier v. C. I. R., 35 T.C. 950