Carlson v. Green
- Decided
- April 22, 1980
- Docket
- 78-1261
- Status
- Published
- Jurisdiction
- Federal
Cited 2,910 timesNo negative treatment found in this library
What later courts said
- holding that FTCA and Bivens remedies were “parallel, complementary causes of action” and that the availability of the former did not preempt the latter — Wilkie v. Robbins (2007)
- holding that the Federal Tort Claims Act does not preclude actions for violation of rights under the Constitution — Stewart, Sonya v. Evans, Donald L. (2002)
- holding that remedial scheme afforded by Federal Tort Claims Act was not exclusive absent “explicit congressional declaration” that it was — Gandy v. Wal-Mart Stores, Inc. (1994)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
Mr. Justice Brennan delivered the opinion of the Court.
Respondent brought this suit in the District Court for the Southern District of Indiana on behalf of the estate of her deceased son, Joseph Jones, Jr., alleging that he suffered personal injuries from which he died because the petitioners, federal prison officials, violated his due process, equal protection, and Eighth Amendment rights.[1] Asserting jurisdiction under 28 U. S. C. § 1331 (a), she claimed compensatory and punitive damages for the constitutional violations. Two questions are presented for decision: (1) Is a remedy available directly under the Constitution, given that respondent’s allegations could also support a suit against the United States [*17] under the Federal Tort Claims Act?[2] And (2) if so, is survival of the cause of action governed by federal common law or by state statutes?
I
Statutes cited
- 28 U.S.C. § 1331
- 28 U.S.C. § 2680
- 38 U.S.C. § 4116
- 42 U.S.C. § 233
- 42 U.S.C. § 2458a
- 10 U.S.C. § 1089
- 22 U.S.C. § 817
- 28 U.S.C. § 2679
- 42 U.S.C. § 247b
- 28 U.S.C. § 2674
And 3 more sections cited in the full opinion.
Cite this
Carlson v. Green, 446 U.S. 14 (1980)Read the full opinion
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