No. 19-5960
Response WaivedIFP
Tags: affidavits breach-of-duty civil-rights due-process federal-jurisdiction federal-prisoner federal-tort-claims-act judicial-enforcement medical-negligence prisoner-rights procedural-requirements standing state-law state-law-preemption
Latest Conference:
2019-11-08
Question Presented (from Petition)
Whether a Federal District Court and the Appellant Court of that District can enforce a Local State Law, under South Carolina Code § 15-36-100, requiring affidavits be submitted by a federal prisoner for reason in denying his Federal Tort Claim filed on Form 95, under Federal Tort Claim Act 28 U.S.C. § 2671-80 (h) for negligence of medical care and 18 U.S.C. § 4042 for Breach of Duty which does not require affidavits.
Question Presented (AI Summary)
Whether a Federal District Court and the Appellant Court can enforce a Local State Law requiring affidavits for a federal prisoner's Federal Tort Claim
Docket Entries
2019-11-12
Petition DENIED.
2019-10-24
DISTRIBUTED for Conference of 11/8/2019.
2019-10-11
Waiver of right of respondent United States to respond filed.
2019-09-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 17, 2019)
Attorneys
Ben W. Bane
Ben W. Bane — Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent