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Civil Rights: Jurisdiction – Treatment Of Veterans – Post-Traumatic Stress Disorder
Staff Report//March 9, 2009
Civil Rights: Jurisdiction – Treatment Of Veterans – Post-Traumatic Stress Disorder
Staff Report//March 9, 2009
Where a veteran, who claimed that officials and doctors of the Department of Veterans Affairs interfered with his right to get private medical care by withholding from him a diagnosis of post-traumatic stress disorder, sued in federal court claiming the defendants’ actions violated his federal constitutional rights, the district court properly found that it lacked subject-matter jurisdiction to hear the action because the Veterans’ Judicial Review Act created an exclusive review procedure, and the court also properly denied the plaintiff’s Bivens claim.
Judgment is affirmed.
Mehrkens v. Blank, et al. (MLW No. 58733/Case No. 07-3303 – 9 pages) (U.S. Court of Appeals, Eighth Circuit, Smith, J.) Appealed from U.S. District Court, District of Minnesota, Kyle, J. (Edward Austin Zimmerman, Burnsville, Minn., argued for appellant) (Gregory G. Brooker, Minn., argued for appellee).
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