(Download) "Hicks v. Small" by United States Court of Appeals for the Ninth Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: Hicks v. Small
- Author : United States Court of Appeals for the Ninth Circuit
- Release Date : January 23, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
EZRA, District Judge: This appeal presents two principal issues. First, does the Veterans' Judicial Review Act of 1988, 38 U.S.C. § 7251 et seq. (1991) (""the VJRA""), provide an exclusive remedial structure that precludes Appellant from asserting a Bivens cause of action in district court? Second, did the district court properly determine that it lacked subject matter jurisdiction under 38 U.S.C. § 511(a) (1991), to hear Appellant's state tort action brought under the Federal Tort Claims Act? We answer both of these questions in the affirmative.