Rocky Freeman v. J. Lincalis
Split Score
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Case Summary
Disposition
Reversed in Part
The Third Circuit reinstated Rocky Freeman’s Federal Tort Claims Act suit alleging that an inaccurate presentence report led to harsher prison conditions, holding that he properly presented his claim to the Probation Office and that neither the PLRA nor the merits foreclosed his negligence theory at the pleading stage. The court affirmed dismissal of his individual-capacity Bivens claims, finding existing Supreme Court precedent bars extending Bivens to this new context. The case is remanded for discovery on the FTCA claim.
Circuit Split Identified
Legal Issue
Whether the FTCA’s presentment requirement in 28 U.S.C. § 2675 is jurisdictional (depriving courts of subject-matter jurisdiction) or a non-jurisdictional claim-processing rule.
Circuit Positions
§ 2675 is a non-jurisdictional, mandatory claim-processing rule.
§ 2675 is jurisdictional and must be satisfied for a federal court to exercise subject-matter jurisdiction.
Conflict Summary
The Federal Circuit holds that § 2675 is a mandatory but non-jurisdictional claim-processing rule, while the Fourth Circuit (and the Third Circuit’s pre-existing precedent) continue to treat § 2675 as a jurisdictional prerequisite. The Third Circuit acknowledged the disagreement but did not revisit its earlier jurisdictional view in this opinion.