James B. Stanley v. United States of America, and Joseph R. Bertino

U.S. Court of Appeals for the Eleventh Circuit
James B. Stanley v. United States of America, and Joseph R. Bertino, 828 F.2d 1498 (11th Cir. 1987)
1987 U.S. App. LEXIS 13196

James B. Stanley v. United States of America, and Joseph R. Bertino

Opinion

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

BY THE COURT:

Upon remand from the Supreme Court of the United States, — U.S. -, 107 S.Ct. 3054, 97 L.Ed.2d 550 (1987), it is

ORDERED:

The United States District Court for the Southern District of Florida is directed to dismiss with prejudice Stanley’s Bivens claims. Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971). The district court considered these claims in its order dated October 28, 1983, and certified these claims for interlocutory appeal under 28 U.S.C.A. § 1292(b) on January 31, 1984.

The district court order certified for interlocutory appeal discussed only Stanley’s Bivens claims and not his FTCA or civil rights claims. As a result, the Supreme Court of the United States held that this court lacked jurisdiction of Stanley’s FTCA claims. Accordingly, this order has no effect on the district court’s dismissal of Stanley’s FTCA claims. Similarly, this order has no effect on Stanley’s civil rights claims, which are still pending in the district court.

Reference

Full Case Name
James B. STANLEY, Plaintiff-Appellee, v. UNITED STATES of America, and Joseph R. Bertino, Et Al., Defendants-Appellants
Cited By
2 cases
Status
Published