Dismissal Due To Lack of Subject Matter Jurisdiction Not Barred by FTCA

The Federal Tort Claims Act’s (FTCA) does not prevent cases dismissed for a lack of subject matter jurisdiction to preclude later claims with similar subject matter that are not subject to the Act's judgment bar

 Simmons v. Himmelreich, U.S., 15-109, decided 6/6/16

   The FTCA allows private individuals to bring suits against the government for most tort claims committed by those working on behalf of the United States. Under certain exceptions in the statute, someclaims cannot be litigated against employees who rely on their statutory duty for individual decision making. A prisoner's claim was dismissed due to the lack of subject matter jurisdiction under this exception. He then quickly filed a separate Bivens claim, arguing his constitutional rights were violated, raising the issue of whether his Bivens claim is precluded by the earlier dismissal.

   In this holding, the court provided a bright-line rule for these claims: FTCA's judgment bar provision does not apply to claims dismissed for falling within the act's "exceptions" section. The court in its opinion states, "the plain text of the 'Exceptions' section dictates that the judgment bar doesn't apply to a case such as this one--based on performance of a discretionary duty." The straight forward opinion will allow prisoners in similarly situated situations to raise a second claim that may be barred under FTCA.

http://www.supremecourt.gov/opinions/15pdf/15-109_p860.pdf