Frank Douglasv.United States of America
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.
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