Crowell

Crowell v. United States

Good Law
97 F. App'x 127
United States Court of Appeals for the Ninth CircuitMay 6, 2004No. 02-36060California350 words

Opinion

Lead Opinion

*128 MEMORANDUM **

Palmer Crowell, a federal prisoner, brought a claim under the Federal Tort Claims Act (FTCA) against the United States, Arthur R. Tolentino, and John Does 1-10 for negligent medical treatment following an on-the-job injury in a corrections facility. The claim against Tolentino and the Does was voluntarily dismissed, as it was barred by the statute of limitations. The district court granted the government’s motion to dismiss Crowell’s complaint pursuant to Fed.R.Civ.P. 12(b)(1) for lack of subject matter jurisdiction. As the parties are familiar with the facts, procedural history, and arguments, we will not recount them here. We affirm.

The Prison Industries Fund may be used to compensate “inmates ... for injuries suffered in any industry or in any work activity in connection with the maintenance or operation of the institution in which the inmates are confined.” 18 U.S.C. § 4126 (c). “ ‘Section 4126 [of the Prison Industries Fund] is ... the exclusive remedy when a work-related injury is subsequently aggravated by negligence and malpractice on the part of prison officials.’ ” Vander v. United States, 268 F.3d 661, 663-64 (9th Cir.2001) (quoting Wooten v.…

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