Flores, et al. v. United States, et al., No. 11-2222 (8th Cir. 2012)
Annotate this CasePlaintiffs, the husband and uncle of decedent, filed suit against defendants alleging state law tort claims and violations of decedent's federal constitutional rights. The court held that the district court properly dismissed plaintiffs' malpractice claim for failure to comply with Minnesota Statutes section 145.682 and that the magistrate judge did not abuse her discretion in denying plaintiffs' motion to extend deadlines to serve expert affidavits. The court also held that the district court properly dismissed plaintiffs' Federal Tort Claims Act (FTCA), 28 U.S.C. 2401(b), claim for lack of jurisdiction and that plaintiffs have not alleged error in the district court's determinations in regards to the dismissal of their 42 U.S.C. 1983 cause of action. The court affirmed the district court's order dismissing the Bivens action against Federal defendants and affirmed the district court's dismissal of the equal protection claim. Finally, the court rejected challenges to discovery and pretrial rulings.
Court Description: Civil case - Federal Tort Claims Act. In action where plaintiffs' decedent died while in the custody of Immigration and Customs Enforcement, the court did not err in dismissing plaintiffs' medical negligence claim for failure to timely serve expert affidavits as required under Minnesota Statutes Sec. 145.682; plaintiffs' Federal Tort Claims Act claims were time barred as they failed to present them within two years of accrual and failed to establish any grounds for equitable tolling of the statute of limitations; District court did not err in granting defendants summary judgment on plaintiffs' Bivens claims; challenges to discovery and pretrial rulings rejected.
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