United States Second Circuit

Dismissal of federal prisoner's claim that a prison officer negligently detained and lost his property during his transfer from one cell to another is vacated in part as to the holding that the Federal Tort Claims Act bars jurisdiction as plaintiff's claim is not so barred by 28 U.S.C. section 2680(c).

Appellate Information

• Decided 09/05/2007
• Published 09/05/2007

Judges

• DENNIS JACOBS, Chief Judge:, Before:  JACOBS, Chief Judge, LEVAL and POOLER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• ABC, pro se., Peter Halpin, Justin Kolbenschlag, Erica Laplante (Jonathan H. Romberg, on the brief), for Seton Hall University School of Law Center for Social Justice, Newark, NJ, as amicus curiae in support of Appellant.


• For Appellees:
  
• Kristin L. Vassallo, Assistant United States Attorney (Elisabeth Wolstein, Assistant United States Attorney, on the brief), for Michael J. Garcia, United States Attorney for the Southern District of New York, New York, NY, for Appellee.