United States Tenth Circuit

In a Federal Tort Claims Act (FTCA) action by a prisoner exposed to asbestos, the complaint's dismissal is affirmed in part, where: 1) an FTCA claim can only be brought against the U.S.; and 2) an FTCA action is precluded where the Inmate Accident Compensation Act (IACA) applies. Judgment is reversed in part, where the IACA is not the exclusive remedy for claims against officials in their individual capacities.

Appellate Information

• Decided 03/31/2009
• Published 03/31/2009

Judges

• BRISCOE, Circuit Judge., Before BRISCOE, HOLLOWAY, and MURPHY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Daniel S. Volchok, (Judith E. Coleman, with him on the briefs), Wilmer Cutler Pickering Hale and Dorr, LLP, Washington, D.C., for Plaintiff-Appellant.


• For Appellees:
  
• Edward Himmelfarb, (Eric F. Melgren, United States Attorney;  Andrea L. Taylor, Assistant United States Attorney, Kansas City, KS, on the appellees' brief;  Marietta Parker, Acting United States Attorney, Kansas City, KS;  Gregory G. Katsas, Assistant Attorney General;  Barbara L. Herwig, Attorney, Appellate Staff, Civil Division, Washington, D.C., with him on the supplemental brief), Attorney, Appellate Staff, Civil Division, Washington, D.C., for Defendants-Appellees.