Charles M. Vander v. United States Department of Justice Federal Bureau of Prisons, Western Regional Office United States of America

Good Law

2001 Daily Journal DAR 10799·268 F.3d 661·2001 WL 1181348·2001 Cal. Daily Op. Serv. 8725·2001 U.S. App. LEXIS 21580

United States Court of Appeals for the Ninth CircuitOctober 9, 200199-56234California1,065 words

Opinion

Fernandez, J.

Charles M. Vander commenced this Federal Tort Claims Act (FTCA) action against the United States for injuries he received while he was an inmate at the Federal Correctional Institution at Saf-ford, Arizona. 28 U.S.C. §§ 1346 (b), 2671-2680. The district court granted summary judgment against him because he was injured while working on a prison work detail and, as a result, he was limited to the federal inmate compensation scheme. See 18 U.S.C. § 4126 (c). We affirm.

BACKGROUND

Before Vander was incarcerated, his knee had been injured. Nevertheless, he was given work with Prison Industries where he strained his knee again and aggravated the preexisting injury. He sought medical help, and while the authorities recognized that he had an injury, they delayed obtaining the treatment to which he was entitled. Even after surgery was recommended, still more delays ensued, and by the time Vander was accorded the necessary surgery, the damage was beyond complete repair. Earlier intervention probably would have been much more successful.

Vander brought this action to recover for the exacerbation of the injury which was caused by the alleged negligence of prison officials in supplying the…

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