United States v. Harl Cole

Fifth Circuit

United States v. Harl Cole

376 F.2d 848, 1967 U.S. App. LEXIS 6554

CourtCourt of Appeals for the Fifth Circuit

DecidedMay 2, 1967

Docket23564_1

StatusPublished

Cited by8 cases

This text of 376 F.2d 848 (United States v. Harl Cole) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Harl Cole, 376 F.2d 848, 1967 U.S. App. LEXIS 6554 (5th Cir. 1967).

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Opinion

PER CURIAM;

This suit for damages for personal injury under the Federal Tort Claims Act was decided by the trial court prior to the decision by the United States Su *849 preme Court of United States v. Demko, 385 U.S. 149, 87 S.Ct. 382, 17 L.Ed.2d 258. It is clear that the Demko ease rules this one, in that the appellee was a prisoner whose injuries were incurred in the course of a work activity connected with the maintenance or operation of Maxwell Air Force Base, an institution within which appellee was confined as a civilian prisoner. In such circumstances, the compensation provisions of 18 U.S. C.A. § 4126 were exclusive as to the benefits provided for the appellee in such a situation. The trial court did not have jurisdiction to entertain a Tort Claims Act complaint under such circumstances.

The judgment is reversed and the case is remanded with directions that the complaint be dismissed.

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PER CURIAM;

This suit for damages for personal injury under the Federal Tort Claims Act was decided by the trial court prior to the decision by the United States Su *849 preme Court of United States v. Demko, 385 U.S. 149, 87 S.Ct. 382, 17 L.Ed.2d 258. It is clear that the Demko ease rules this one, in that the appellee was a prisoner whose injuries were incurred in the course of a work activity connected with the maintenance or operation of Maxwell Air Force Base, an institution within which appellee was confined as a civilian prisoner. In such circumstances, the compensation provisions of 18 U.S. C.A. § 4126 were exclusive as to the benefits provided for the appellee in such a situation. The trial court did not have jurisdiction to entertain a Tort Claims Act complaint under such circumstances.

The judgment is reversed and the case is remanded with directions that the complaint be dismissed.

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Bluebook (online)

376 F.2d 848, 1967 U.S. App. LEXIS 6554, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-harl-cole-ca5-1967.

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