United States Second Circuit

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McGowan v. US, 15-1786

In a suit arising out of the publication of an article authored by a prisoner, asserting claims for violation of his First Amendment rights under Bivens v. Six Unknown Named Agents , 403 U.S. 388 (1971), and for false imprisonment and negligence under the Federal Tort Claims Act (FTCA), 28 U.S.C. sections 1346(b), 2671-2680, the District Court's dismissal of the claims is affirmed where: 1) the negligence claim lacks subject matter jurisdiction; and 2) the First Amendment claim was properly dismissed because at the time the alleged violation occurred, the case law establishing a prisoner's right to file a lawsuit or grievance did not clearly establish a prisoner's right to publish an article under a byline.

Appellate Information

  • Decided
  • Published 2016/06/07




  • United States Second Circuit