(DOWNLOAD) "Woodruff v. United States" by Eleventh Circuit U.S. Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Woodruff v. United States
- Author : Eleventh Circuit U.S. Court of Appeals
- Release Date : January 10, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
PER CURIAM: Linda Woodruff, as Administratrix of the Estate of Gordon R. Woodruff, appeals a judgment of the United States District Court for the Northern District of Alabama (1) granting summary judgment to the defendant, the United States, and (2) dismissing her late husband's Federal Tort Claims Act (""FTCA"") complaint against the United States for lack of subject matter jurisdiction. The amended complaint alleged that the Employees' Compensation Appeals Board (""the ECAB""), a subdivision of the Department of Labor, deprived her husband, Gordon Woodruff, of due process of law and violated a clear statutory mandate when it found that he was eligible to receive compensation benefits under the Federal Employees' Compensation Act (""FECA""), 5 U.S.C. ร§ 8101 et seq., thereby denying him the right to pursue a tort claim under FTCA. The three primary questions before us are (1) whether 5 U.S.C. ร§ 8102(a) contains a clear statutory mandate which was violated by the ECAB in this case, (2) whether Woodruff was denied an FTCA cause of action without due process of law and (3) whether the ECAB violated the separation of powers doctrine. We agree with the district court that there was no violation of a clear statutory mandate, that Woodruff was not deprived of due process and that the ECAB did not violate the separation of powers doctrine. We therefore affirm the district court's dismissal of the action.