Moler v. Wells, No. 20-30132 (5th Cir. 2021)
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Plaintiff filed suit alleging that he was denied proper medical treatment after his shoulder was injured while defendant was escorting him to the shower, seeking relief under the Federal Tort Claims Act (FTCA). The district court accepted the magistrate judge's findings and dismissed the complaint with prejudice.
The Fifth Circuit concluded that the Western District of Louisiana may be an improper venue for plaintiff's FTCA claim and that venue may be a jurisdictional issue in FTCA cases. The court vacated the district court's order dismissing the FTCA claim and remanded for determination of whether venue is proper. The court also affirmed the district court's implicit denial of plaintiff's implicit motion to amend his complaint to include a Bivens claim.
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