United States v. Victor John Gomez

Tenth Circuit

United States v. Victor John Gomez

378 F.2d 938, 1967 U.S. App. LEXIS 6179

CourtCourt of Appeals for the Tenth Circuit

DecidedMay 31, 1967

Docket9125

StatusPublished

Cited by4 cases

This text of 378 F.2d 938 (United States v. Victor John Gomez) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth 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. Victor John Gomez, 378 F.2d 938, 1967 U.S. App. LEXIS 6179 (10th Cir. 1967).

Pincite

Opinion

PER CURIAM.

Appellee-plaintiff recovered a $15,000 judgment against the United States under the Federal Tort Claims Act, 28 U. S.C. §§ 1346(b), 2671 et seq. The award was for injuries sustained in the operation of a power saw while he was engaged in work on a prison construction crew as a federal prisoner in a federal correctional institution. The trial court concluded that such recovery was proper under United States v. Muniz, 374 U. S. 150, 83 S.Ct. 1850, 10 L.Ed.2d 805. *939 After the judgment was entered, the Supreme Court of the United States held in United States v. Demko, 385 U.S. 149, 87 S.Ct. 382, 17 L.Ed.2d 258, that the compensation benefits provided by 18 U.S.C. § 4126 constitute the exclusive remedy for injuries received by federal prisoners while performing assigned prison tasks. That decision precludes recovery under the Federal Tort Claims Act in the instant case.

The judgment is reversed and the case remanded with directions to dismiss the action.

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PER CURIAM.

Appellee-plaintiff recovered a $15,000 judgment against the United States under the Federal Tort Claims Act, 28 U. S.C. §§ 1346(b), 2671 et seq. The award was for injuries sustained in the operation of a power saw while he was engaged in work on a prison construction crew as a federal prisoner in a federal correctional institution. The trial court concluded that such recovery was proper under United States v. Muniz, 374 U. S. 150, 83 S.Ct. 1850, 10 L.Ed.2d 805. *939 After the judgment was entered, the Supreme Court of the United States held in United States v. Demko, 385 U.S. 149, 87 S.Ct. 382, 17 L.Ed.2d 258, that the compensation benefits provided by 18 U.S.C. § 4126 constitute the exclusive remedy for injuries received by federal prisoners while performing assigned prison tasks. That decision precludes recovery under the Federal Tort Claims Act in the instant case.

The judgment is reversed and the case remanded with directions to dismiss the action.

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Bluebook (online)

378 F.2d 938, 1967 U.S. App. LEXIS 6179, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-victor-john-gomez-ca10-1967.

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