United States Seventh Circuit

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Williams v. Fleming, 09-2410

In plaintiff's suit against a bank, the US, and and an FDIC associate examiner, claiming that the associate examiner's racially motivated bias against plaintiff and other African-Americans was the reason he stopped receiving loans from the bank, dismissal of all claims including the Bivens suit against the associate examiner is affirmed where, because the dismissal of plaintiff's suit against the US was on the merits, and not for lack of subject matter jurisdiction, his remaining Bivens suit was properly barred by section 2676 of the FTCA.

Appellate Information

  • Argued 11/30/2009
  • Decided 02/26/2010
  • Published 02/26/2010


  • KANNE, Circuit Judge., Before KANNE, ROVNER, and WILLIAMS, Circuit Judges.


  • United States Seventh Circuit


  • For Appellant:
  • Ariel Weissberg, Weisberg & Associates, Rakesh Khanna, Leo & Weber, Chicago, IL, for Plaintiff-Appellant.

  • For Appellees:
  • Jonathan C. Haile, Office of the United States Attorney, Chicago, IL, for Defendant-Appellee.