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ENGLE v. MECKE

No. 93-2162.

24 F.3d 133 (1994)

Thomas E. ENGLE, Plaintiff-Appellant, v. Officer Craig MECKE, General Services Administration; United States of America, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

May 13, 1994.

Attorney(s) appearing for the Case

Ray Twohig, Albuquerque, NM, for plaintiff-appellant.

Frank W. Hunger, Asst. Atty. Gen., Barbara L. Herwig and Jeffrey Clair, Attys., Appellate Staff, Civil Div., Dept. of Justice, Washington, DC, and Larry Gomez, U.S. Atty., Albuquerque, NM, for defendants-appellees.

Before BALDOCK and McKAY, Circuit Judges, and BROWN, District Judge.

WESLEY E. BROWN, District Judge.

Plaintiff-appellant Thomas Engle appeals the trial court's award of $28,300.00 on his claims brought under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-2680 (FTCA), rather than the $351,646.00 awarded by a jury on his parallel constitutional claims. Because a FTCA claim against the federal government must be tried to the court, the Seventh Amendment did not require adoption of the jury's award, and we affirm.

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