Ingram v. Faruque, et al, No. 11-6341 (10th Cir. 2013)
Annotate this CasePlaintiff-Appellant Delbert Ingram appealed a district court dismissal of his claims against Defendants-Appellees Dr. Hashib D. Faruque, Dr. Yan Feng, Donna Delise, Kyle Inhofe, Lt. Michael Stevenson, and Captain Tim Collins. Plaintiff claimed Defendants had violated his rights under the Fourth and Fifth Amendments of the federal constitution by holding him in a psychiatric ward for over twenty-four hours without his consent. Defendants moved to dismiss, arguing that, among other things, the district court lacked subject matter jurisdiction over the action, because the Federal Tort Claims Act (FTCA) provided the sole remedy for plaintiff's claims. Upon careful consideration of the district court record, the Tenth Circuit agreed that the district court lacked subject matter to hear plaintiff's claims and affirmed.
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