STERLING v. U.S.

No. 95-1459.

85 F.3d 1225 (1996)

David Jay STERLING, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 3, 1996.


Attorney(s) appearing for the Case

David Jay Sterling, Marion, IL, pro se.

James M. Hipkiss, Office of U.S. Atty., Civ. Div., Fairview Heights, IL, for U.S.

Before FLAUM, EASTERBROOK, and ROVNER, Circuit Judges.


EASTERBROOK, Circuit Judge.

The question presented by this case — which appears to be a novel issue — is whether someone who files and loses a Bivens suit against a federal employee is entitled to pursue a tort action against the United States. The district judge said no; we hold that the answer is yes and remand for proceedings on the merits.

David Jay Sterling alleges that, while he was a federal prisoner at Lewisburg, officer Miller...

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