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Hui v. Castaneda

Docket No.: 08-1529
Certiorari Granted: 9/30/2009
Argued: March 2, 2010
Decided: May 3, 2010
Consolidated with: No. 08-1547, Henneford v. Castaneda

PartyNames: Esther Hui, et al. v. Yanira Castaneda, as Personal Representative of the Estate of Francisco Castaneda, et al.
Petitioner: Esther Hui, et al.
Respondent: Yanira Castaneda, as Personal Representative of the Estate of Francisco Castaneda, et al.

Court Below: United States Court of Appeals for the Ninth Circuit

Esther Hui, et al.
v.
Yanira Castaneda, as Personal Representative of the Estate of Francisco Castaneda, et al.
Question Presented:

Does 42 U.S.C. ยง 233(a) make the Federal Tort Claims Act the exclusive remedy for claims arising from medical care and related functions provided by Public Health Service personnel, thus barring Bivens actions?

Question:

Is the FTCA the exclusive remedy for claims arising from medical care and related functions provided by PHS personnel, thus, barring Bivens actions?

Note:

TH 08-1547 FOR ONE HOUR ORAL ARGUMENT - DISMISSED AS TO MIGLIACCIO AND SHACK PURSUANT TO RULE 46 10/29/2009 08-1547 DISMISSED PURSUANT TO RULE 46 10/29/2009

Holding: reversed and remanded
Vote: 9-0
Opinion By: Justice Sonia Sotomayor
Read HUI V. CASTANEDA opinion (PDF)