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Brent Edward Clark v. Vibeke Dankwa
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 23-1300 · judgment October 26, 2023
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
The district court sua sponte raised the statutes of limitations affirmative defense to in part dismiss the Petitioner’s Bivens action. The district court also ignored the Petitioner’s statutory right to motion for a remand of his removed Bivens action. Secondly, the circuit court’s conclusion that the Petitioner’s Bivens action is precluded because the FTCA judgment bar had been triggered by the Petitioner’s previously dis missed FTCA claim is at odds with Supreme Court precedents. The Questions Presented Are:
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Did the district court make two reversible errors in 1) sua sponte raising the statutes of limitations affirmative defense to dismiss the Petitioner’s Bivens action and 2) ignoring the Petitioner’s statutory right to remand his removed Bivens action?
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Was the Petitioner’s previously dismissed FTCA claim a Section 2680 “Exception” to the FTCA that did not trigger the FTCA judgment bar?
Counsel of record
For petitioner
Brent Clark
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Jun 03 2024Petition DENIED.
- May 14 2024DISTRIBUTED for Conference of 5/30/2024.
- May 06 2024Waiver of right of respondent Vibeke Dankwa to respond filed.
- Apr 11 2024Petition for a writ of certiorari filed. (Response due May 16, 2024)