Carlos Gonzalez v. United States
681 F. App'x 310
| 5th Cir. | 2017Background
- Carlos Gonzalez, a federal prisoner, sued the United States under the Federal Tort Claims Act (FTCA) alleging negligence in handling, loss, or destruction of his personal property during a prison transfer.
- He also alleged mail tampering and that prison staff delayed/destroyed his grievance mail, amounting to abuse of process and obstruction of grievance procedures.
- Gonzalez further contended the prison commissary operated as a monopoly and violated federal racketeering and antitrust laws.
- The district court dismissed his FTCA and related claims for lack of subject-matter jurisdiction and for failure to exhaust administrative remedies.
- Gonzalez appealed the dismissals and sought appointment of counsel; the panel reviewed statutory FTCA exceptions and exhaustion requirements de novo.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| FTCA claim for loss or mishandling of property | Gonzalez: Government negligently lost/destroyed property during transfer and is liable under FTCA | U.S.: Claim falls within FTCA exception for detention/loss of goods by law enforcement and is barred by sovereign immunity | Dismissed for lack of jurisdiction under 28 U.S.C. § 2680(c) and related precedent |
| Mail tampering / negligent transmission of mail | Gonzalez: Mail delayed/destroyed, obstructing grievances and amounting to actionable torts | U.S.: Claims fall within FTCA exception for loss/negligent transmission of postal matter | Dismissed for lack of jurisdiction under 28 U.S.C. § 2680(b) |
| Abuse of process / failure to exhaust administrative remedies | Gonzalez: Merits claim of abuse of process due to policy violations and mail obstruction | U.S.: Plaintiff failed to exhaust administrative remedies required by FTCA | Dismissed for lack of jurisdiction for failure to exhaust under 28 U.S.C. § 2675(a) |
| Racketeering and antitrust claims against the Government | Gonzalez: Commissary is a racket/monopoly violating RICO and antitrust laws | U.S.: Government immunity; sovereign not subject to RICO or antitrust suits | Dismissed — waiver of sovereign immunity does not cover RICO or antitrust claims against the U.S. |
Key Cases Cited
- Jeanmarie v. United States, 242 F.3d 600 (5th Cir.) (standards for reviewing FTCA exception dismissals)
- Ali v. Fed. Bureau of Prisons, 552 U.S. 214 (2008) (FTCA waiver covers torts by federal employees but exceptions apply)
- Chapa v. U.S. Dep’t of Justice, 339 F.3d 388 (5th Cir.) (FTCA exceptions for postal and detention claims)
- Price v. United States, 69 F.3d 46 (5th Cir.) (administrative exhaustion requirement under FTCA)
- McNeily v. United States, 6 F.3d 343 (5th Cir.) (government not liable under RICO)
- U.S. Postal Service v. Flamingo Industries Ltd., 540 U.S. 736 (2004) (government not subject to antitrust suits)