William F. McQuade v. United States

Appellant William F. McQuade appeals from the district court order dismissing his negligence claim under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 2671-2680 (1982), for lack of subject matter jurisdiction. We affirm.

I

In 1976, the government brought an action against McQuade and his wife to foreclose tax liens on real property owned by them. In that matter, the McQuades represented themselves in propria persona after the district court refused to hear their request for court-appointed counsel. The government prevailed, and judgment was entered against the McQuades for $14,-236.94. On appeal, we vacated the judgment and instructed the district court to hear the McQuades’ motion for appointment of counsel. United States v. McQuade, 579 F.2d 1180, 1181 (9th Cir.1978).

On remand, the district court heard and denied the McQuades’ motion for a court-appointed counsel because the McQuades refused to disclose any specific information about their financial status. The district court entered judgment against the McQuades for $14,236.94. On appeal, we affirmed the district court’s denial of the motion for appointment of counsel. United States v. McQuade, 647 F.2d 938, 939-40 (9th…

concurring and in which NELSON, Circuit Judge, also joins:

I concur in the majority opinion. I would, however, add the following:

Our opinion holds only that the Federal Tort Claims Act does not afford relief to a person who is incarcerated under a contempt order for longer than the law permits — at least not in a case where the applicable regulations and court order require the custodial officers to hold the individual until the court directs his release and the officers comply with that order.

Two questions must occur to anyone confronted with the patent injustice that occurred when McQuade was unlawfully incarcerated for well over a year. First, what steps can be taken to ensure that similar episodes do not occur in the future. That is initially a matter both for the district court and for those responsible both for drafting and promulgating the sections of the regulations that presently tie the hands of the Marshal and the Bureau of Prisons. While there appears to be little justification for the errors that occurred in this case, there is certainly no reason why steps cannot be taken immediately to avoid similar incidents in the future. The second question involves the…

839 F.2d 640 William F. McQUADE, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. No. 87-5753. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 6, 1987. Decided Feb. 19, 1988. Geoffrey M. Warren, Hermosa Beach, Cal., for plaintiff-appellant. Elgin C. Edwards, Asst. U.S. Atty., Los Angeles, Cal., for defendant-appellee. Appeal from the United States District Court for the Central District of California. Before ALARCON, NELSON and REINHARDT, Circuit Judges. ALARCON, Circuit Judge: 1 Appellant William F. McQuade appeals from the district court order dismissing his negligence claim under the Federal Tort Claims Act (FTCA), 28 U.S.C. Secs. 2671-2680 (1982), for lack of subject matter jurisdiction. We affirm. 2 * In 1976, the government brought an action against McQuade and his wife to foreclose tax liens on real property owned by them. In that matter, the McQuades represented themselves in propria persona after the district court refused to hear their request for court-appointed counsel. The government prevailed, and judgment was entered against the McQuades for $14,236.94. On appeal, we vacated the judgment and instructed the district court…