No. 23-1121
Brent Edward Clark v. Vibeke Dankwa
Response Waived
Tags: bivens-action exceptions ftca-claim ftca-judgment-bar remand remand-rights section-2680-exception statutes-of-limitations sua-sponte-dismissal
Key Terms:
SocialSecurity DueProcess
SocialSecurity DueProcess
Latest Conference:
2024-05-30
Question Presented (from Petition)
1) Did the district court make two reversible errors in 1) sua sponte raising the statutes of limitations affirmative defense to dismiss the Petitioner's Bivens action and 2) ignoring the Petitioner's statutory right to remand his removed Bivens action?
2) Was the Petitioner's previously dismissed FTCA claim a Section 2680 "Exception" to the FTCA that did not trigger the FTCA judgment bar?
Question Presented (AI Summary)
Did the district court make two reversible errors in swa sponte raising the statutes of limitations affirmative defense to dismiss the Petitioner's Bivens action and ignoring the Petitioner's statutory right to remand his removed Bivens action?
Docket Entries
2024-06-03
Petition DENIED.
2024-05-14
DISTRIBUTED for Conference of 5/30/2024.
2024-05-06
Waiver of right of respondent Vibeke Dankwa to respond filed.
2024-04-11
Petition for a writ of certiorari filed. (Response due May 16, 2024)
Attorneys
Brent Clark
Brent Clark — Petitioner
Vibeke Dankwa
Elizabeth B. Prelogar — Solicitor General, Respondent