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MANNING v. U.S.

Nos. 07-1120, 07-1427.

546 F.3d 430 (2008)

Steven MANNING, Plaintiff-Appellant, Cross-Appellee, v. UNITED STATES of America, Defendant-Appellee, and Robert Buchan and Gary Miller, Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided October 6, 2008.

Attorney(s) appearing for the Case

Philip S. Beck (argued), Bartlit, Beck, Herman, Palenchar & Scott, Jonathan I. Loevy, Jon Rosenblatt, Loevy & Loevy, Chicago, IL, Theodore B. Olson, Gibson, Dunn & Crutcher, Washington, DC, for Plaintiff-Appellant, Cross-Appellee.

Thomas P. Walsh (argued), Jonathan C. Haile (argued), Office of the United States Attorney, Chicago, IL, for Defendants-Appellees, Cross-Appellants.

Before BAUER, FLAUM and MANION, Circuit Judges.

BAUER, Circuit Judge.

If a federal law enforcement officer commits a tort, the victim has two distinct avenues of relief: he may pursue a constitutional tort claim against the individual officer under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), or he may pursue a common law tort claim against the United States pursuant to the Federal Tort Claims Act (...

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