No. 24-5249

Farid Fata v. United States

Lower Court: Fourth Circuit
Docketed: 2024-08-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: administrative-exhaustion administrative-remedies berkovitz-gaubert-test circuit-split discretionary-function discretionary-function-exception federal-tort-claims-act jurisdictional-requirement sovereign-immunity
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Question not identified.

Question Presented (OCR Extract)

QUESTIONS PRESENTED ; Q 1 Given the Supreme Court case flaw Precedents since after "Arbaugh v. Y&H. Corp., 546 U.S. 500, 515-16 (2006)", and amid a Circuit Split, is exhaustion of administrative remedies a jurisdictional requirement under 28 U.S.C.S. 2675 of the Federal Tort Claims Act (FTCA) ? eee Q 2 Whether the waiver of Sovereign immunity in the alleged negligent conduct of a medical doctor's professional judgment, non-governmental in nature, is subject to a discretionary function exception, of the kind in the FTCA ? Q3Whether the Supreme Court should revisit the Berkovitz-Gaubert two-prong test dated more than 35 years ago for when the FTCA's discretionary function exception applies because the exact boundaries of the exception remain unclear amid a Circuit Split. For there is a disconnect between the test that asks whether the challenged “action” involves the permissible exercise of policy judgment, See Berkovitz, 486 U.S. 531, at 536-37 (1988), but the text speaks of a discretionary function or duty ". 28 U.S.C. 2680(a).

Docket Entries

2024-10-07
Petition DENIED.
2024-09-12
DISTRIBUTED for Conference of 9/30/2024.
2024-09-05
Waiver of United States of right to respond submitted.
2024-09-05
Waiver of right of respondent United States to respond filed.
2024-07-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 5, 2024)

Attorneys

Farid Fata
Farid Fata — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent