No. 18-6609

Manuel Lampon-Paz v. Office of Personnel Management

Lower Court: Third Circuit
Docketed: 2018-11-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: administrative-law agency-immunity due-diligence due-process federal-tort-claims-act government-liability jurisdiction negligence statutory-interpretation
Latest Conference: 2019-01-04
Question Presented (from Petition)

When harm occurs and there is no resolution under current statutes and guidelines that regulate that agency, the following questions present themselves;

Whether the Office of Personnel Management can be held liable under FTCA statutes, in particular 28 USC 1346 or are they immune;

Whether the Court of Appeals for the Third Circuit correctly interpreted In OPM v Richmond 496, 414 (1990), where the Supreme Court stated that OPM does fall under FTCA rules and regulations, in denying the plaintiff's claim and stating that a particular agency, in this case OPM, cannot be a party to a suit under FTCA;

Whether, as a rule of law, waiting to perform one's duty, or due diligence, to the point where harm befalls an individual constitutes negligence giving way to FTCA claims and giving Federal District Court jurisdiction.

Question Presented (AI Summary)

Whether the Office of Personnel Management can be held liable under FTCA statutes

Docket Entries

2019-01-07
Petition DENIED.
2018-12-28
Supplemental brief of petitioner Manuel Lampon-Paz filed. (Distributed)
2018-12-13
DISTRIBUTED for Conference of 1/4/2019.
2018-12-10
Waiver of right of respondent OPM to respond filed.
2018-11-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 10, 2018)

Attorneys

Manuel Lampon-Paz
Manuel Lampon-Paz — Petitioner
OPM
Noel J. FranciscoSolicitor General, Respondent