Arora

Arora v. United States

Good Law
144 F. App'x 627
United States Court of Appeals for the Ninth CircuitAugust 5, 2005No. 04-16304; D.C. No. CV-02-05658-CRBCalifornia376 words

Opinion

Lead Opinion

MEMORANDUM **

Vasu D. Arora appeals pro se the district court’s summary judgment in favor of the United States government in his action filed under the Federal Tort Claims Act (“FTCA”), alleging he received inadequate medical care while he was in federal custody. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Delta Sav. Bank v. United States, 265 F.3d 1017 , 1021 (9th Cir.2001), and we affirm.

The district court properly granted summary judgment on Arora’s medical claims because they are barred by the independent contractor exception to the FTCA. See Letnes v. United States, 820 F.2d 1517, 1518-19 (9th Cir.1987). Arora failed to provide any evidence that the government had authority over the daily operations of either the New River Valley Regional Jail or the Roanoke Memorial Hospital. See id.

The district court properly granted summary judgment on the claim that Arora should have been taken to the University of Virginia Hospital for follow-up care after his heart attack because the claim is barred by the discretionary function exception to the FTCA. See 28 U.S.C. § 2680 (a); Gager v. United States, 149 F.3d 918, 920-21 (9th Cir.1998) (discretionary…

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