(Download) "Triestman v. Federal Bureau of Prisons" by United States Court of Appeals for the Seventh Circuit " Book PDF Kindle ePub Free
eBook details
- Title: Triestman v. Federal Bureau of Prisons
- Author : United States Court of Appeals for the Seventh Circuit
- Release Date : January 05, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
Appellant Ben Gary Triestman appeals from a March 10, 2004 order of the United States District Court for the Northern District of New York (Mordue, J.) partially dismissing - pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure - Triestmans complaint brought under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §Â§ 1346(b)(1) and 2671 et seq., against the Federal Bureau of Prisons ("BOP") and the United States of America. We conclude that Triestmans submissions, construed "liberally" and "interpret[ed] [so as] to raise the strongest arguments that they suggest," Pabon v. Wright, 459 F.3d 241, 248 (2d Cir. 2006) (quoting Burgos v. Hopkins, 14 F.3d 787, 790 (2d Cir. 1994)), should be read to allege a theory of liability under the FTCA that the district court did not consider below. Because the district court has jurisdiction to consider this theory of liability, dismissal pursuant to Rule 12(b)(1) was inappropriate and, accordingly, we vacate and remand to the district court for further proceedings. In addition, we recommend that the district court appoint counsel to assist Triestman in further pursuing his claims.