The Atlanta Gleaner.

Legal News

Edited By George Washington

(Testing in progress)

George Washington Statue at Federal Hall

Frank Douglasv.United States of America

CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.14-11444
DecidedFebruary 29, 2016
JudgesEleventh Circuit; Circuit Judges Tjoflat and Martin, and District Judge Rosenthal sitting by designation; Martin authored; Tjoflat concurred fully and separately
Tags
CivilTort LawSovereign ImmunityFederal JurisdictionCivil ProcedureRemandReversal
Case Summary

Frank Douglas, a federal inmate, sued under the Federal Tort Claims Act (FTCA), alleging that a Bureau of Prisons official reduced his pay after his work hours and Grade 1 pay had been approved. The district court dismissed the pay claim under the FTCA’s discretionary-function exception and dismissed Douglas’s discrimination, retaliation, and intentional-infliction-of-emotional-distress claims for failure to exhaust administrative remedies. The Eleventh Circuit held that the complaint alleged withholding of pay that had vested under mandatory BOP regulations; the challenged withholding therefore was not a discretionary policy choice protected by the exception. It reversed dismissal of the pay claim and remanded for further proceedings, while affirming dismissal of the other claims because Douglas filed suit before completing administrative review. Judge Tjoflat concurred fully and separately emphasized that the district court should make findings addressing FTCA jurisdiction and the required Florida tort analogue on remand.

Opinion

Loading published copy…

The Far Side
Frank Douglas v. United States of America — The Atlanta Gleaner