(Download) "Renkel v. United States" by United States Court of Appeals # eBook PDF Kindle ePub Free

eBook details

Title: Renkel v. United States
Author : United States Court of Appeals
Release Date : January 03, 2006
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 59 KB

Description

Diana Renkel purportedly received sub-standard medical care while incarcerated in the United States Disciplinary Barracks in Ft. Leavenworth, Kansas. She sued the Government, asserting claims under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. Â§Â§ 1346(b)(1), 2671-2680, and the Eighth Amendment to the United States Constitution. The Government moved to dismiss the lawsuit for lack of subject-matter jurisdiction under Fed. R. Civ. P. 12(b)(1). In response, Renkel argued for the first time that the Governments actions violated her rights under the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1465 U.N.T.S. 85, 23 I.L.M. 1027 (the "Convention" or "Convention Against Torture"). The district court granted the Governments motion. The court explained that although Renkel had not raised a torture-related claim in her complaint, doing so "would have been fruitless" because there is no private right of action under the Convention. We agree, and affirm judgment in favor of the Government.