Villanueva v. United States
2011 U.S. App. LEXIS 23810
1st Cir.2011Background
- Villanueva, a former Coast Guard Air Station custodian in Puerto Rico, was fired for allegedly pilfering items.
- He filed suit alleging constitutional violations and negligence, naming the United States as defendant, and invoking FTCA and APA.
- The United States moved to dismiss for lack of subject matter jurisdiction, arguing FTCA cannot cover constitutional torts and APA does not apply to Nonappropriated Fund employees.
- Villanueva sought to amend to add his former supervisors and create a Bivens claim; the district court denied both the amendment and reconsideration.
- The First Circuit reviews de novo FTCA jurisdiction, concludes FTCA does not provide jurisdiction for constitutional torts, and upholds the district court’s dismissals and denial of amendment/reconsideration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| FTCA jurisdiction over constitutional torts | Villanueva contends FTCA provides jurisdiction. | United States argues FTCA does not cover constitutional torts. | FTCA does not provide jurisdiction; constitutional tort claims are not cognizable under FTCA. |
| Amendment to add supervisors and a Bivens claim | Villanueva seeks amendment to name supervisors and pursue a Bivens action. | amendment would restart proceedings and expose U.S. to improper jurisdiction; would be futile. | The district court did not abuse its discretion in denying amendment as futile and prejudicial. |
| Reconsideration | Villanueva seeks reconsideration of the denial of amendment. | No miscarriage of law or new evidence; arguments should have been raised earlier. | District court's denial of reconsideration affirmed; no abuse of discretion. |
Key Cases Cited
- Santoni v. Potter, 369 F.3d 594 (1st Cir. 2004) (FTCA limits liability for federal employees; state-law surrogate liability principle)
- Meyer v. United States, 510 U.S. 471 (Supreme Court 1994) (law-of-place requirement defeats constitutional torts under FTCA)
- Gill v. United States, 471 F.3d 204 (1st Cir. 2006) (de novo review of jurisdictional dismissal)
- Palmer v. Champion Mortg., 465 F.3d 24 (1st Cir. 2006) (timeliness and diligence in amendments; context for amendment decisions)
- Kay v. N.H. Democratic Party, 821 F.2d 31 (1st Cir. 1987) (undue delay in seeking amendments; timely justification required)
- Chiang v. Skeirik, 582 F.3d 238 (1st Cir. 2009) (Bivens actions do not override sovereign immunity; individual-capacity actions only)